Eligibility for lawful permanent resident status

[tywy_99]

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)

Ah yes. I forgot about the fee increase. I guess that at least substantiates part of what I have said, "things are always changing."...

 

I also like to point out to yixuan that I recant my previous posts. I think you will be safe. I apologize for my comments but I was only erring to the side of caution without understanding the many changes that has passed concerning the USCIS. Your post was the first of its kind and it caught me a bit off guard. I couldn't understand the CIS approving the I-485 before approval of the I-130. In the past it was always the I-130 must be approved before filing the I-485.

[tywy_99]

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.

That was the way I always understood it. My I-130 was approved 7-2003 and I filed the I-485 for my wife 12-2003 along with a copy of the I-797C approval notice of the I-130. That's just the way it was.

[yixuan]

Ah yes. I forgot about the fee increase. I guess that at least substantiates part of what I have said, "things are always changing."...

 

I also like to point out to yixuan that I recant my previous posts. I think you will be safe. I apologize for my comments but I was only erring to the side of caution without understanding the many changes that has passed concerning the USCIS. Your post was the first of its kind and it caught me a bit off guard. I couldn't understand the CIS approving the I-485 before approval of the I-130. In the past it was always the I-130 must be approved before filing the I-485.

 

Hi Tvwy, no problem with different views. That was how I got myself worried. Doubts.

 

I got the appointment notice on 08/22 and then I prepared the material they required. Till I read it again yesterday to check what else I need, I had a second thought about the "eligibility" of LPR. I thought I might need I-130 approval to show my eligibility and that might be the way they refused me. Just give an interview and tell me face-to-face that I am refused because I didn't go throught the normal way. I know I got a bunch of worries. All my applications (I-130, I485) are transfered from California to "USCIS-NBC, PO BOX, Lee's Summit, Mo" to "speed up processing" as the notice stated. Does that infer anything?

 

Thanks Dan. It can ease me a little bit to know there is some similar case who had the AOS interview before I-130 approved and then they heard nothing for two weeks. I might have that situation too. I took it for granted that the IO would give you an answer after interview. Seems I am wrong again.

 

I know my case is kind of unusual and that is why I have more qusetions and doubts than the others. Thanks for sharing your opinions with me.

[dnoblett]

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.

YEP, the I-130 has background checks, and upon approval then an immigrant visa number is issued.