Difference between I-130 and I-485?!

T

timmy_d11

Registered Users (C)
Well, for those of you that don't remember, my wife was denied adjustment to permanent resident because I lost my job, was given time to get a joint cosponsor, got the joint cosponsor and paperwork in given time, but was denied anyway, before our joint cosponsor's paperwork was looked at and/or considered. (Even though the guy that we recently talked with at Garden City "claimed" that our cosponsor's paperwork was considered at the time of decision...but I think he just did not want to admit they dropped the ball)

Anyhow, a few weeks ago we went back to Garden City to look into our case, point out that we got the cosponsor's paperwork to them in the time given by our interviewing officer, and to try to persuade them to change the decision.

The person at the window "claimed" the supervisor had all the paperwork, including cosponsor's affidavit of support, etc, and did a "service" motion to reopen on their own, but were going to give the interviewing officer, that they "claimed" was not there that day, the opportunity to look over everything again and come to a conclusion and decision.

This was 2 weeks ago and I haven't heard anything since.

WHAT THE HELL COULD TAKE SO LONG? LOOK AT THE JOINT COSPONSOR'S PAPERWORK, DECIDE IF EVERYTHING IS THERE AND THAT THEY CAN OR CANNOT SUPPORT MY WIFE IN AN EMERGENCY AND MAKE A DECISION! IT DOESN'T SEEM THAT DIFFICULT.

Anyhow, the guy that we spoke to "claimed" that my wife's I-130 was approved but the I-485 was still pending a decision because of my employment status and/or new information (cosponsor's paperwork).

But at the USCIS website they both still say "case received and pending decision".

And, we were not given any new paperwork to "prove" that the case was still being considered, and not just simply disapproved as the final written notice (the decision) had stated.

What does it mean that the I-130 is approved but the I-485 is not yet?

Why haven't they at least given us something stating that?

How can I be certain the I-130 was approved?

Should I wait longer or pay them, yet again, ANOTHER visit to politely push them along?
 
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Hello:

Yes I remember you. Glad to hear from you again. It seems from what you are saying that they are working on your application. They might be correcting your situation. In any case, you would need to allow them 30 days before getting too upset. If they have approved your wife's I-130, then they are reviewing your I-485 again and may remedy their "bad decision". Maybe you should call the toll-free number and frustrate them :rolleyes: again! (they deserve it!). But don't give up. It feels like everything will work out for you now that they have the co-sponsors information.
 
NeShawn said:
Yes I remember you. Glad to hear from you again. It seems from what you are saying that they are working on your application. They might be correcting your situation. In any case, you would need to allow them 30 days before getting too upset. If they have approved your wife's I-130, then they are reviewing your I-485 again and may remedy their "bad decision". Maybe you should call the toll-free number and frustrate them :rolleyes: again! (they deserve it!). But don't give up. It feels like everything will work out for you now that they have the co-sponsors information.
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Thanks for the reply.

WHY should it take them 30 days or more with ALL OF THE REQUIREMENTS in their possession when it took them only 2 days after the interview to disapprove my wife for change to permanent resident?

It seems like they are TOTALLY READY to get off their freakin' asses as long as they have bad news to give you.

And HOW DO I KNOW FOR SURE they HAVE approved our I-130?

And HOW DO I KNOW FOR SURE they ARE reviewing our I-485 again?

HOW DO I KNOW they are doing something and I am not waiting around for nothing?
 
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Approved

timmy_d11 said:
bump!

anyone else?
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Timmy,

Your I-130 was approved, because only then can USCIS review the I-485 to assess viability of your petition. This is the process: You are the person who signed the I-130, seeking to petition or sponsor your wife. USCIS review your ability to sponsor someone and the completeness of the 130, G325A, I-864 (affidavit of support) for you and wife, and approved this petition (acknowledging your ability to sponsor your wife). :)

The I-485 is approved at the interview or later in the process, after USCIS verify the bona fine aspect of your relationship and marriage. Hence, I-485 was completed and signed by your wife (beneficiary). For example, if USCIS believed that you were NOT able to sponsor your wife, they wouldn't even look at her I-485 and I-693, G325A and I-765, because you can't sponsor her. When you worked at your previous employer, USCIS views your financial responsibility to an immigrant, and hence your were scheduled for the interview, but unfortunately you had lost your job. :(

For example, assume a 18 yrs guy wants to sponsor his wife, but he's unemployed and no one can be a co-sponsor, USCIS might NOT approve HIS petition (I-130), because he is incapable of meeting the burden he's seeking to take on, so his wife's I-485, even completed, wouldn't make any difference. In a nutshell, approval of I-130 is an indication of your ability to sponsor an immigrant. I-485 allows that immigrant to move from one non-immigration status to one of an immigrant. So, is that simple.... :D
 
Al, WHERE am I in the process and what should I do?

Because the way it looks to me is that my wife is not approved and that maybe they are reconsidering and maybe they are not.

Is waiting all I can do?

Refile the I-485 after I get a job?

Or wait and see if they accept my cosponsor?

How long is the wait?

How can I know for sure they are still working on it and "no for change to permanent resident" is not their final answer?
 
Timmy

:confused:
timmy_d11 said:
Al, WHERE am I in the process and what should I do?

Because the way it looks to me is that my wife is not approved and that maybe they are reconsidering and maybe they are not.

Is waiting all I can do? YES, you just need to wait to hear back from USCIS, as NeShawn alluded to, wait for a little while before moving forward with any action. Of course, we hope that you are going to hear good news, reversal of your previous denial and on-the-spot approval of your petition.

Refile the I-485 after I get a job?
If your reopened petition is approved by the USCIS during their review process, then you will be fine. However, you can still get a job now and move on with your life.

Or wait and see if they accept my cosponsor?
Yes... wait to see if they will accept your co-sponsor. If I were you, will make an information a week before the 30 days end, and see if you can't talk to the supervisor and officer who will be or reviewing your case and all paperwork.

How long is the wait?

How can I know for sure they are still working on it and "no for change to permanent resident" is not their final answer?[ /QUOTE]

Unfortunately, no one knows when USCIS is working on at any particular time, so you have to have the faith that someone is working on it. However, should they stand firm on the denial of your application, then you have to file a new I-485,I693 for wife, and re-file with a view of an approval. :)

So, wish you best...
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Al Southner said:
If your reopened petition is approved by the USCIS during their review process, then you will be fine. However, you can still get a job now and move on with your life.

Yes... wait to see if they will accept your co-sponsor. If I were you, will make an information a week before the 30 days end, and see if you can't talk to the supervisor and officer who will be or reviewing your case and all paperwork.

Unfortunately, no one knows when USCIS is working on at any particular time, so you have to have the faith that someone is working on it. However, should they stand firm on the denial of your application, then you have to file a new I-485, I693 for wife, and re-file with a view of an approval
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a) I'm looking for a job...but I'd like to know that my cosponsor "overrides" the urgent and immediate need for a job, as far as our petition is concerned.

b) The 30 days from the disapproved date expired already - we were TOLD that with SERVICE motions to reopen we do not have to worry about it exceeding the 30 days.

c) How will I know if they "stand firm" on our petition denial? Will something other than "case received and pending decision" come up when I do a case status inquiry at the USCIS website?
 
Please tell me how I will know IF and WHEN "no" is their final answer for my wife's petition for permanent resident?

My main concern is to NOT be waiting for nothing - if "no" is their answer I have to take the next steps to get them to say "yes".
 
Nobody can really give you an exact answer when everybody here still wonder why some in the same situation has no problem at all and others get a big headache.

My best advice is that you should focus to look for a job.

If they say they are reviewing it the only thing that you can do is to sit and wait, that's it. Give it 30 days. Forget the logic idea that things should not take so long, well that is not the way it works, period. The better you realized it the best emotional focus you would be.

Just a question, you said that the IO did the MTR himself? if you are not sure about this, is better that you do it by yourself and submitt all the evidence again. At least you will have a receipt about it not just a "word" about it.

To be sure she is "still" in denial instead of "revision of evidence", is to go there again and ask. By the way, are you are the one who are going there or you are going with your wife and she is asking for it?

The other thing that you could do is to wait to get a job and file all over again.

Good luck,
 
cherr1980 said:
My best advice is that you should focus to look for a job
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Looking, of course, but unless I have to completely refile, and they are not satisfied with my cosponsor, it shouldn't really matter, as far as this is concerned, SHOULD IT?!

cherr1980 said:
If they say they are reviewing it the only thing that you can do is to sit and wait, that's it
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Yes, but I do wish that I had something in writing, because they stated that VERBALLY - the last thing we got in writing was the disapproval for change of status to permanent resident.

cherr1980 said:
Just a question, you said that the IO did the MTR himself? if you are not sure about this, is better that you do it by yourself and submitt all the evidence again. At least you will have a receipt about it not just a "word" about it
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They told me that they activated a "service" motion to reopen, on their own, considering the new information (cosponsor and applicable paperwork) that I gave them earlier, and pointed out was never taken into consideration. It IS my PRIMARY concern that we will wait for no reason for a very long time, not knowing whether or not they are still considering and working on it OR if "no" is their final answer - I want to MAKE SURE that SOMETHING is submitted that they ARE or WILL work on at some point.

cherr1980 said:
To be sure she is "still" in denial instead of "revision of evidence", is to go there again and ask. By the way, are you are the one who are going there or you are going with your wife and she is asking for it?
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Will they be truthful, honest and have valid information for me?!

............my wife and I have gone there together.

cherr1980 said:
The other thing that you could do is to wait to get a job and file all over again
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Simply based on PRINCIPLE, and the fact that that B!TC# said that she would give us 2 days to get a cosponsor (which we DID) before she made a decision (which she DIDN'T) I DON'T want to refile unless I have no other choice - THEN I'd like to find that B!TC# and spit in her face.
 
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