Where to file simultaneous I-130 and I-485?

[jeze]

Greetings all,

In perusing this board, I am really impressed with the replies (and some of the questions ). So, I was hoping to get an opinion on where a Houston resident, who is filing both an I-130 and an I-485 at the same time, should file the package. I really don't want to screw this process up by sending the forms to the wrong place.

The facts are as follows:

My husband is Danish, in the US on an F-1 with an OPT. The OPT is good until the end of this year. We were married at Thanksgiving (I am USC), and we would like to go to Denmark in May to get re-married there. So, we are now filing together an I-130, an AOS, and applying for Advance Parole.

We live in Texas, so ordinarily, I think we would file at the Texas Service Center. However, per the I-485, it says that if you are filing the I-130 at the same time as the I-485, you file at the local office. In this case, Houston. On Friday, I called to confirm this with the USCIS. I might as well have just stabbed myself in the head with a pencil for all the good that phone call did.

The woman actually helping me was completely clueless. I don't think she even knew what the forms were, let alone where to file. But about halfway through the phone call, she put me on hold. She said her supervisor had been monitoring the call and had instructed her to instruct me to send the package to the Chicago lockbox.

So... does the Chicago lockbox sound right for an I-130 and an I-485? Do you include the medical exam? (she couldn't answer that either).

Alternatively, I could just get up and try to hand deliver it to the Houston office on Monday at 7 AM and see if they will take it. Anyone have any experience doing that here in H-town?

Thanks,

Jeze

[cherr1980]

The first page of the form I-485 give you the filing instructions.
For immediate relatives of USC you can send the application concurrently (I-130 and I-485/AOS packet) to Chicago Lockbox.

Please read the instructions. On the instructions for Adjustment of Status explains that you must attach the seal envelope of the medical examination (form I-693).

For more information you call the Customer Service number that appears on www.uscis.gov
And all this information is in this forum, just make a search.

My advice is that please read all over again at www.uscis.gov before you file since you are missing some information. Regarding your AP (Advance Parole) remember that can take up to 90 days.

[NJGIRL]

The forms have to be filed at the chicago lockbox. I hope this helps.

[Suzy977]

The forms have to be filed at the chicago lockbox. I hope this helps.

Everybody says that. What I understand from USCIS web side is different.
What's going on with this USCIS site?

NOTE: If the I-130 petition is being filed concurrently with
Form I-485, Application to Register Permanent Residence or to Adjust Status, submit both forms at the local INS office having jurisdiction over the place where the I-485 applicant resides. Applicants who reside in the jurisdiction of the Baltimore, MD, District Office should submit the I-130 petition and the Form I-485 concurrently to the USINS Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479

If you live in Alaska, Colorado, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska,
North Dakota, Ohio, Oregon, South Dakota, Utah,
Washington, Wisconsin or Wyoming, mail this petition to:
USINS Nebraska Service Center, P.O. Box 87130,
Lincoln, NE 68501-7130.

If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina,
Oklahoma, South Carolina, Tennessee or Texas, mail this
petition to: USINS Texas Service Center, P.O. Box 850919,
Mesquite,TX 75185-0919.

If you live in Arizona, California, Guam, Hawaii or Nevada,
mail this petition to: USINS California Service Center,
P.O. Box 10130, Laguna Niguel, CA 92607-0130.

[jeze]

Hurm... thanks NJGIRL. I think I'm going to run them to Houston and if they won't take 'em, send it to Chicago.

Incidentally, Cherrgirl--

An AP for travel (what I need) can take up to 90 days, but in Houston can be issued immediately and there is not a 90 day backlog for appointments. So, I am not too worried in that respect.

I have also read the filing instructions. After doing so, I called USCIS, did a search on this forum, and have not found a definitive answer for Texas or Houston people. Hence, the post.

Per Form I-130 filing instructions:

"Note: If the Form I-130 is being filed concurrently with Form I-485...submit both forms to the local USCIS office having jurisdiction over the place where the ... applicant resides."

I am filing the forms concurrently. This suggests Houston (my local office).

Per I-485:

The first page is N/A. Texas is not one of the referenced states. The "Where to File" Section of I-485 says either "the USCIS Service Center or local office that has jurisdiction over your place of residence or submit the form to the USCIS Lockbox Facility..." or call in for further info.

Taken together, it still suggested Houston to me. Since I-485 directs you to include the medical app. if going service center, but NOT include it if filing locally (p.3), I called USCIS to confirm. The call-taker did not know the names of the forms. She could not confirm whether the Visa Number was the "red number" or control number. She could not confirm how many copies of G-325s or phots are needed if filing concurrently. She initially told me Houston was ok, and that I could include or not include the medical app. Then she put me on hold and told me her supervisor said Chicago lockbox with medical app.

All in all, I didn't get much confidence from the phone call. And I'd prefer to get the filing place right the first time around.

-- Jeze

[ari4u]

Hurm... thanks NJGIRL. I think I'm going to run them to Houston and if they won't take 'em, send it to Chicago.

Incidentally, Cherrgirl--

An AP for travel (what I need) can take up to 90 days, but in Houston can be issued immediately and there is not a 90 day backlog for appointments. So, I am not too worried in that respect.

I have also read the filing instructions. After doing so, I called USCIS, did a search on this forum, and have not found a definitive answer for Texas or Houston people. Hence, the post.

Per Form I-130 filing instructions:

"Note: If the Form I-130 is being filed concurrently with Form I-485...submit both forms to the local USCIS office having jurisdiction over the place where the ... applicant resides."

I am filing the forms concurrently. This suggests Houston (my local office).

Per I-485:

The first page is N/A. Texas is not one of the referenced states. The "Where to File" Section of I-485 says either "the USCIS Service Center or local office that has jurisdiction over your place of residence or submit the form to the USCIS Lockbox Facility..." or call in for further info.

Taken together, it still suggested Houston to me. Since I-485 directs you to include the medical app. if going service center, but NOT include it if filing locally (p.3), I called USCIS to confirm. The call-taker did not know the names of the forms. She could not confirm whether the Visa Number was the "red number" or control number. She could not confirm how many copies of G-325s or phots are needed if filing concurrently. She initially told me Houston was ok, and that I could include or not include the medical app. Then she put me on hold and told me her supervisor said Chicago lockbox with medical app.

All in all, I didn't get much confidence from the phone call. And I'd prefer to get the filing place right the first time around.

-- Jeze

Incase you did not read this advisory on the cover page of every form; For Eg: http://uscis.gov/graphics/formsfee/forms/i-485.htm

Please review this page before downloading this form. It may contain important changes to the instructions for completing and filing the form. Form changes usually require a few months before they will appear on the official, printed form. Therefore, we are providing changes through this page to assist you with the latest information. You may use the form provided here, but be sure to follow any special instructions listed on this page. Failure to follow these instructions may result in your application or petition being delayed or denied.



Look here.
http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba

Effective April 1, 2005, if you live in any of the following states Alaska, California, Idaho, Iowa, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Texas and Washington,

you will need to mail your application to:

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120


NBC is solely responsible for handling family based cases from all states of the US and that is the reason all applications are sent to the chicago lock box. You are welcome to send the forms to the service center as you may think right, but be prepared for delays or denials or forms returned back to you.

Cherr is right. AP mailed to the NBC takes approx 60-90 days to be approved.

BOTTOMLINE: Instructions inside the forms take a while to get updated when USCIS changes rules and instructions. They always update the cover page to show the latest information and thats what you should be following.

[feranmi]

I believe the answer to your question is Chicago

I knew someone that lives in ohio and intially mail his application to Nebraska last year July and it was retuned back to him after 3months and he had to resend it to Chicago.

Take time to read the instruactions carefully, sometimes they do not update.

[cherr1980]

It is just a matter of read carefully.

[js1234]

I live in Houston and our lawyer filed the whole package in Chicago including bona fides of marriage (photos, letters, joint financial agreements, etc) and sealed medical (which actually was addressed by doctor's assistant to local office here in Houston). We have our interview next Monday.

j