Eligibility for lawful permanent resident status

[yixuan]

On my "Request for applicant to appear for innitial interview" stated, please bring "All documentation extablishing your eligibility for Lawful Permanent Resident status". In May I applied for I-130 and then at the end of June I did I-485, I-765, I-131. My EAD ad AP have been approved few days ago but I -130 has not been touched since 07/27/07. I reckon the approval of I-130 (NOV2 ?) could be the only documentation extablishing my eligibility for Lawful Permanent Resident status, but I don't have that. So what should I bring? Does NOV1 of I-130 and marriage certificate count?

 

Thanks.

[dnoblett]

Other things to bring if you don't have the I-130 approval notice in time for the interview, is marriage cert showing marriage to a US citizen and copies of everything sent in with the I-130 petition.

• The I-130 NOA1 letter to show case number and that a petition has been filed for.
  
• Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
  
• A copy of petitioner's proof of naturalization. (If applicable)
  
• A copy of petitioner's proof of permanent residency. (If applicable)
  
• A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)
  
• A certified copy of your certified marriage certificate (again, translated if not in Engligh)
  
• A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
  
• A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
  

Also bring to the interview evidence of a bona fide marriage.

[tywy_99]

On my "Request for applicant to appear for innitial interview" stated, please bring "All documentation extablishing your eligibility for Lawful Permanent Resident status". In May I applied for I-130 and then at the end of June I did I-485, I-765, I-131. My EAD ad AP have been approved few days ago but I -130 has not been touched since 07/27/07. I reckon the approval of I-130 (NOV2 ?) could be the only documentation extablishing my eligibility for Lawful Permanent Resident status, but I don't have that. So what should I bring? Does NOV1 of I-130 and marriage certificate count?

 

Thanks.

The approval of the I-130, (NOA 2), is needed. The approval allows for a visa number to be assigned to you. The NOA 2 is needed when filing the I-485. I'm not sure what the IO will do at your appointment or how the USCIS even accepted your I-485 without the approval notice.

Yes- take your NOA 1 and marriage certificate. Let the IO sort it out for you.

 

-good luck

[dnoblett]

Yes, the problem was if filing from another visa type other than K-1 or K-3 you need to file the I-485 and I-130 together at the same time in the same envelope, this way USCIS will have the 2 petitions connected, and will "Base the I-485 on the I-130"

[yixuan]

Yes, the problem was if filing from another visa type other than K-1 or K-3 you need to file the I-485 and I-130 together at the same time in the same envelope, this way USCIS will have the 2 petitions connected, and will "Base the I-485 on the I-130"

 

 

Right, Dan. I am not eligible to apply for I-485 until I sent I-130 together with it or with the NOV1 of I-130 if it has been applied earlier. So do you think that will affect my I-485 interview without a NOV2 of I-130? Thanks.

[dnoblett]

Yes, the problem was if filing from another visa type other than K-1 or K-3 you need to file the I-485 and I-130 together at the same time in the same envelope, this way USCIS will have the 2 petitions connected, and will "Base the I-485 on the I-130"

 

 

Right, Dan. I am not eligible to apply for I-485 until I sent I-130 together with it or with the NOV1 of I-130 if it has been applied earlier. So do you think that will affect my I-485 interview without a NOV2 of I-130? Thanks.

Probably not, the IO should look over all the paperwork, and approve pending the I-130 approval, this should cause the I-130 to get expedited.

 

I would not worry too much, just bring all the paperwork submitted with the I-130, the evidence used for the I-130 proves eligibility.

[tywy_99]

Yes, the problem was if filing from another visa type other than K-1 or K-3 you need to file the I-485 and I-130 together at the same time in the same envelope, this way USCIS will have the 2 petitions connected, and will "Base the I-485 on the I-130"

 

 

Right, Dan. I am not eligible to apply for I-485 until I sent I-130 together with it or with the NOV1 of I-130 if it has been applied earlier. So do you think that will affect my I-485 interview without a NOV2 of I-130? Thanks.

Probably not, the IO should look over all the paperwork, and approve pending the I-130 approval, this should cause the I-130 to get expedited.

 

I would not worry too much, just bring all the paperwork submitted with the I-130, the evidence used for the I-130 proves eligibility.

I hate to be the "bad news bear" but I have to think differently since the I-130 hasn't been approved.

Firstly; how did the I-485 get approval before the I-130?

And secondly; LPR status cannot be obtained until a visa number is established to the immigrant by the state department. The approval of the I-130 constitutes this.

But the bottom line is whatever the IO says at the appointment. Opinions in contrast is what makes this site great. A question is answered from all angles giving the OP options and ideas to look at.

 

-good luck

[dnoblett]

A recent post on VJ shows a couple in similar situation, AOS interview before I-130 approval, they were approved pending I-130 approval. They are just waiting on the green-card.

 

http://www.visajourney.com/forums/index.php?showtopic=88770

[tywy_99]

the counselor can push the I130 to be approved or it can still remain pending investigation

 

I think the latter is more realistic than the former in this quote. I don't think an Immigration Officer has any latitiude to enforce the approval of an I-130. It's too marred in political red tape and the IO is just another employee of this tremendously large agency.

Sounds like he is going to be in CIS purgatory for quite some time.

[dnoblett]

the counselor can push the I130 to be approved or it can still remain pending investigation

 

I think the latter is more realistic than the former in this quote. I don't think an Immigration Officer has any latitiude to enforce the approval of an I-130. It's too marred in political red tape and the IO is just another employee of this tremendously large agency.

Sounds like he is going to be in CIS purgatory for quite some time.

Yep, I advised that they should renew their EAD.

[tywy_99]

the counselor can push the I130 to be approved or it can still remain pending investigation

 

I think the latter is more realistic than the former in this quote. I don't think an Immigration Officer has any latitiude to enforce the approval of an I-130. It's too marred in political red tape and the IO is just another employee of this tremendously large agency.

Sounds like he is going to be in CIS purgatory for quite some time.

Yep, I advised that they should renew their EAD.

I've been thinking about this thread since I first read it. At first, I didn't understand how the USCIS accepted the I-485 without an I-130 approval but I think I may have stumbled onto something.

As usual, things are always changing. Putting 2 and 2 together, maybe the approval of the I-485 before the I-130 has something to do in the change of moving forward with the I-130 instead of the I-129F/K3. You know, now you have to file the I-824 form and pay $200 to process the I-130. Maybe that is the reason for I-485 approval before I-130, no?

[dnoblett]

I've been thinking about this thread since I first read it. At first, I didn't understand how the USCIS accepted the I-485 without an I-130 approval but I think I may have stumbled onto something.

As usual, things are always changing. Putting 2 and 2 together, maybe the approval of the I-485 before the I-130 has something to do in the change of moving forward with the I-130 instead of the I-129F/K3. You know, now you have to file the I-824 form and pay $200 to process the I-130. Maybe that is the reason for I-485 approval before I-130, no?

Or the I-485 is handled at MSC, and the I-130 is handled by CSC or VSC may also have something to do with this.

 

Also fee for I-824 like others went up to $340 (Seems to be random if USCIS automatically sends the I-130 to NVC or holds it for AOS)

[Randy W]

 

I've been thinking about this thread since I first read it. At first, I didn't understand how the USCIS accepted the I-485 without an I-130 approval but I think I may have stumbled onto something.

As usual, things are always changing. Putting 2 and 2 together, maybe the approval of the I-485 before the I-130 has something to do in the change of moving forward with the I-130 instead of the I-129F/K3. You know, now you have to file the I-824 form and pay $200 to process the I-130. Maybe that is the reason for I-485 approval before I-130, no?

 

 

But he's K-3 - he can adjust without the I-130, can't he? Just like K-1's?

 

But I guess you'd have to wait for the name checks or whatever's holding up the I-130 anyway.

[dnoblett]

 

I've been thinking about this thread since I first read it. At first, I didn't understand how the USCIS accepted the I-485 without an I-130 approval but I think I may have stumbled onto something.

As usual, things are always changing. Putting 2 and 2 together, maybe the approval of the I-485 before the I-130 has something to do in the change of moving forward with the I-130 instead of the I-129F/K3. You know, now you have to file the I-824 form and pay $200 to process the I-130. Maybe that is the reason for I-485 approval before I-130, no?

 

 

But he's K-3 - he can adjust without the I-130, can't he? Just like K-1's?

 

But I guess you'd have to wait for the name checks or whatever's holding up the I-130 anyway.

K-3 file I-485 and check box (A ) based on approval of I-130. K-1 file I-485 and check box (C ) based on approved I-129F Fiancee visa.

 

They are different.

[Randy W]

K-3 file I-485 and check box (A ) based on approval of I-130. K-1 file I-485 and check box (C ) based on approved I-129F Fiancee visa.

 

They are different.

 

 

So K-3's have to wait for their I-130 approval to get the green card regardless, pure and simple.