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Old 20th July 2005, 10:36 AM
sahina sahina is offline
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Join Date: Jun 2005
Posts: 30
URGENT !!!!! Is I-130 required for this 485 application?

Hi all,

My employment based I-485 application is pending and I just got married. My wife is an H1B visa holder and in the US. She is in Saint Louis and I am in New York. I have not moved to Saint Louis yet (We got married yesterday!) My I-485 application is being processed in Vermont Service Center.

My wife will file her I-485 tomorrow so she can get her Green Card the same time my 485 is approved (I guess this is called Following to join).

We need help with two questions... Please help us....

1. Do I need to file I-130 for her?
2. If yes, can I enclose it with with her I-485 application?
3. Where does she need to file? To her local office (Saint Louis) or service center (Nebraska)? Or the service center where my I-485 was filed (Vermont)?

Any help is much apprecited!

-Al

Last edited by sahina; 20th July 2005 at 11:04 AM.
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Old 20th July 2005, 12:33 PM
ari4u ari4u is offline
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Join Date: Jun 2005
Location: San Jose, California
Posts: 2,195
Quote:
Originally Posted by sahina
Hi all,

My employment based I-485 application is pending and I just got married. My wife is an H1B visa holder and in the US. She is in Saint Louis and I am in New York. I have not moved to Saint Louis yet (We got married yesterday!) My I-485 application is being processed in Vermont Service Center.

My wife will file her I-485 tomorrow so she can get her Green Card the same time my 485 is approved (I guess this is called Following to join).

We need help with two questions... Please help us....

1. Do I need to file I-130 for her?
2. If yes, can I enclose it with with her I-485 application?
3. Where does she need to file? To her local office (Saint Louis) or service center (Nebraska)? Or the service center where my I-485 was filed (Vermont)?

Any help is much apprecited!

-Al

Only USC or LPR can file the I-130. It does not apply to you as you are still under AOS. The address to send is on the form. Your wife cannot be classified under "follow to join" as she is already present here. You add her as a dependent on your application. Pls check with the employment based GC forum here...
http://www.immigrationportal.com/forumdisplay.php?f=190
http://www.immigrationportal.com/forumdisplay.php?f=191
__________________
Timeline
AOS: (San Jose)
04 Jul 05 : RD
11 Jul 05 : ND
21 Jul 05 : FP/Bio
01 Oct 05 : RFE
03 Oct 05 : iEAD
04 Nov 05 : AP Approved
07 Nov 05 : EAD Approved
08 Feb 06 : AOS Interview
08 Feb 06 : GC APPROVED !!
16 Feb 06 : Welcome Letter
24 Feb 06 : GC Received


I-751: (CSC)
29 Nov 07 : ND
19 Feb 08 : FP/Bio
28 Mar 08 : I-751 Approved !!
03 Apr 08 : Welcome Letter
04 Apr 08 : Card Received
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