File I-485

[JingJoseph]

Hey, We are K3, wifes approved I-129F expires in Oct.

Just found out our I-130 got sent to Ca for processing.

We filed it in Jan of this year. USCIS jerks 4 times now

say go ahead and file I-485 also I-539 for visa extension.

I-130 been sitting since Jan this year.

 

From everything we have seen you can't file for I-485

until you have P2 for I-130. 4 times now uscis says no,

go ahead and pay $1010.0 even if you don't have it.

 

No one there has any idea what to do. I ask well what

happens if you send in the I-485 and uscis asks you

for P2? Will you give me 30 days to answer your RFE?

 

If I can't give you this within 30 days what will you do?

Deny us? No they say. Anyone had this happen?

[Randy W]

Hey, We are K3, wifes approved I-129F expires in Oct.

Just found out our I-130 got sent to Ca for processing.

We filed it in Jan of this year. USCIS jerks 4 times now

say go ahead and file I-485 also I-539 for visa extension.

I-130 been sitting since Jan this year.

 

From everything we have seen you can't file for I-485

until you have P2 for I-130. 4 times now uscis says no,

go ahead and pay $1010.0 even if you don't have it.

 

No one there has any idea what to do. I ask well what

happens if you send in the I-485 and uscis asks you

for P2? Will you give me 30 days to answer your RFE?

 

If I can't give you this within 30 days what will you do?

Deny us? No they say. Anyone had this happen?

 

 

Yes - and yes you can file the I-485 without an approved I-130 I'll see if I can find who.

 

 

One thing you should be aware of depending on whether you go the I-130 route or the K3/K4 route.

With the I-130 way...you and Richard will need to file two I-130's , one for you and one for your son.

If you go the K3/K4 route, One I-130 for you and a I-129F for you, but you most definitely need to include your son on the I-129F so he can come with you...

 

Tom and Ling

 

 

Yes - but the son will need an I-130 sooner or later. You may file two I-130's now - one for the mother, one for the son - and go the CR-1/CR-2 route.

 

If you go the K3/K4 route, you will file an I-130 for the mother now. Then, when you get the I-797 receipt, file an I-129F for the mother only. List the son, like Tom points out. The mother's I-130 will most likely be approved while you are waiting.

 

The son will submit his own P3 and P4 paperwork - this is the only paperwork that needs to be submitted for K-4.

 

Then, when they both arrive, within two years, file an adjustment of status (I-485) for the mother and a separate I-130 and I-485 for the son. If the I-130 for the mother has still not been approved, write "pending" in the blank that asks about it.

 

So the son gets an I-130 either now, or upon arrival. But if you go the CR-1/CR-2 route, you avoid having to apply for AOS.

Edited August 8, 2008 by Randy W (see edit history)

[Randy W]

Another thread on the subject

 

http://candleforlove.com/forums/index.php?...st&p=337455

[JingJoseph]

Another thread on the subject

 

http://candleforlove.com/forums/index.php?...st&p=337455

 

Thanks Much Randy!!!!!!!!!!!!!!!!!!!

 

Understand better now.

Seems many times what we thought

was absolute isn't. We are both scared

to death. Two months time my wife we

both thought had to leave. She has sat

here almost 2 years cant work, cant drive.

 

Its not the money its this life game they

play with us. The money I will get.

My sweet wife is one out of a million,

not one in a million. Took us both over

40 years to find each other.

 

We will let no-one take it away

That is not an option for any reason.

The woman had a life in China many

women here only dream of. She left it

all for me. I still wonder why sometimes.

Thank you very much!!!!!!!!!!!!!!!!!!!!!!!!!!

Edited August 9, 2008 by JingJoseph (see edit history)