tonyuab Posted August 11, 2003 Report Share Posted August 11, 2003 just called the BCIS and a lady told me I can't file I-485 before the I-130 is not been approved yet... but from http://www.immigration.gov/graphics/public.../life081401.htmit says, "To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). ..." now, i am totally confused... Link to comment
Eric&Yuhui Posted August 11, 2003 Report Share Posted August 11, 2003 just called the BCIS and a lady told me I can't file I-485 before the I-130 is not been approved yet... but from http://www.immigration.gov/graphics/public.../life081401.htmit says, "To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). ..." now, i am totally confused... That lady is even more confused..I-130 is the affidavit of support. As long as it meets the guidelines ( like poverty line blahblahblah ) , there is no "approval" to wait for per se. I don't know about K-3, but K-1 file the aff. support along with I-485. Next step is I-485 then .. Link to comment
robhon Posted August 12, 2003 Report Share Posted August 12, 2003 I'm not sure that's right. Mine says, "I-130 Spousal Visa Petition." Link to comment
robhon Posted August 12, 2003 Report Share Posted August 12, 2003 Refer to this...... http://www.bcis.gov/graphics/formsfee/forms/i-864.htm Having recently fired my lawyer this is still new to me... Link to comment
youmolide Posted August 12, 2003 Report Share Posted August 12, 2003 eric/yuhui is confusing the I-134 with the I-130. and yes, you can file the I-485 before the I-130 is approved. the BCIS lady is confused. from the I-485 instructions : http://www.immigration.gov/graphics/formsf...forms/i-485.htm 'If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms: Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).' They wouldn't have BOTH options unless you could file before the I-130 was approved ... not to mention it can be years before approval now ... Link to comment
youmolide Posted August 12, 2003 Report Share Posted August 12, 2003 remember that if you DONT file they consider that as evidence that you arent serious about seeking residence. Nothing like being conpletely inconsistent. Link to comment
Eric&Yuhui Posted August 12, 2003 Report Share Posted August 12, 2003 eric/yuhui is confusing the I-134 with the I-130. and yes, you can file the I-485 before the I-130 is approved. the BCIS lady is confused. from the I-485 instructions : http://www.immigration.gov/graphics/formsf...forms/i-485.htm 'If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms: Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).' They wouldn't have BOTH options unless you could file before the I-130 was approved ... not to mention it can be years before approval now ... 134 / 130 what's the difference ? Only 4 off You are right. I got it mixed up... Link to comment
tonyuab Posted August 12, 2003 Author Report Share Posted August 12, 2003 eric/yuhui is confusing the I-134 with the I-130. and yes, you can file the I-485 before the I-130 is approved. the BCIS lady is confused. from the I-485 instructions : http://www.immigration.gov/graphics/formsf...forms/i-485.htm 'If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms: Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).' They wouldn't have BOTH options unless you could file before the I-130 was approved ... not to mention it can be years before approval now ... "Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved)." since i already filed I-130, i can't use the first option; then I-130 is not been approved yet, so i can't use the second option... does that mean i can not file the I-485??? Link to comment
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