Does affidavit of support have anything to do with I-130?

M

marengo

Registered Users (C)
When you(in general) send in form 1-485 they need a medical examination to be sent in along with it and also an Affidavit of Support.
I am currently applying for permanent residency. On the USCIS website it says my i-130 will already be processed by the time my I-485 starts to get processed.
My question is, does the affidavit of support have anything to do with I-130?
Or when my I-130 is processed and I have my green card I take it I-485 and affidavit of support will be irrelevant, right?

I'm only asking this out of curiosity and would like to understand how everything works so I'd appreciate all knowledgeable responses.:)
 
marengo said:
When you(in general) send in form 1-485 they need a medical examination to be sent in along with it and also an Affidavit of Support.
I am currently applying for permanent residency. On the USCIS website it says my i-130 will already be processed by the time my I-485 starts to get processed.
My question is, does the affidavit of support have anything to do with I-130?
Or when my I-130 is processed and I have my green card I take it I-485 and affidavit of support will be irrelevant, right?

I'm only asking this out of curiosity and would like to understand how everything works so I'd appreciate all knowledgeable responses.:)
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I-130 and I-485 are adjudicated in parallel. If during your AOS interview your I-130 is not approved, it would be adjudicated at the same time.

I-130 is independent of other applications.

I-485 is dependent on an approved/concurrently filed I-130.

I-864 goes with I-485 and has no bearing on the I-130.

I-130 does not get you the GC, the I-485 does. So if the I-864 requirements are not met, you might have difficulties getting your GC approved.
 
ari4u said:
I-130 and I-485 are adjudicated in parallel. If during your AOS interview your I-130 is not approved, it would be adjudicated at the same time.
Is it possible for me to have my I-130 interview and get my green card before my I-485 has been approved?The reason I'm asking is because I sent in I-485 several months after I sent in I-130 so it is most likely that my i-130 will get approved first. So for me to get my green card I have to wait for my I-485 AOS to get approved or not?
I-130 is independent of other applications.
If it is independent from other applications, that means it shouldn't matter if my I-485 was approved or not which means I should be able to get a green card even though I-485 wasn't yet approved. But that doesn't make sense since in your last sentence you say that I-485 gives you the green card, not I-130. So then I-130 is dependent on I-485?

I-485 is dependent on an approved/concurrently filed I-130.

I-864 goes with I-485 and has no bearing on the I-130.

I-130 does not get you the GC, the I-485 does. So if the I-864 requirements are not met, you might have difficulties getting your GC approved.
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What happened was that at the time that we sent in I-864 my father could not prove that he infact is over the poverty line. We sent in I-864 showing an income right under the poverty line. They haven't asked for additional evidence so far. It's been a few months now since we sent everything in(I485 along with medical examination and affidavit of support) . What do you think will happen? I've waited now for 6 months. My I-130 has been processing for almost 60 days. :confused:
 
You need to get some facts right as i see that you are totally confused. Pl read this...
http://uscis.gov/graphics/services/residency/family.htm

I-130 only establishes a relationship between a USC/LPR and the applicant and does not give you any other benefit.

The I-485 is the one that gives you the green card NOT the I-130. If your I-130 is approved and your I-485 is denied, you WONT get your GC.

There is nothing called I-130 interview. There is only a I-485 interview where your I-130 would be adjudicated if it is not approved by that time. The I-485 interview is where the officer would check if you meet all requirements to be approved for the GC. One of them is the income requirement.

I-130 is independent of any other application. It does not give you any benefits either.
 
ari4u said:
I-130 and I-485 are adjudicated in parallel.
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I-130 filed by a US citizen for his/her immediate family member is the only I-130 is adjudicated in parallel to I-485, otherwise in all other cases I-130 would need to be adjudicated first before I-485 could be even filed.
 
ari4u said:
If during your AOS interview your I-130 is not approved, it would be adjudicated at the same time.
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Don't know what is the meaning of this statement, but if during AOS interview I-130 is not approved then the AOS would not be approved. It would be either continued or denied.
 
Thanks Ari:)
I have one more question for you. It says on the USCIS site that the Albuquerque district office is currently processing cases where the receipt date is May 5. My notice date is July 11. Theoretically that means I should have to wait maybe another 2 months? Are you familiar with how long it usually takes for I-485 to be processed? Should I apply for a working permit just in case?
Like you said, I'm just really confused right now. Thanks for the link. I did read it all and it was very helpful. I'm just wondering how long my case will take from now since I was hoping it would go thru before christmas:(. My receipt date for my I-130 is May 18 and my receipt date notice date for I485 is July 11. I'm a son of a U.S. citizen under 21(I'm 20 now).
Again, Thank you very much. I really appreciate it.
 
ari4u said:
I-485 is dependent on an approved/concurrently filed I-130.
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I-485 could be filed based upon the approval of other petitions than I-130 like I-140 (employment category), I-360, and others. In some cases, a person doesn't even need the approval of any petition to file I-485 like highly skilled or professional person.

Nevertheless, in almost every case, there must be a basis or approved petition in order to file I-485.
 
ari4u said:
So if the I-864 requirements are not met, you might have difficulties getting your GC approved.
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I-864 is not required in those cases wherein I-485 is filed based upon approved I-360 (Self Petition) and Refugee/Asylum cases.
 
How long after you had your fingerprint and biometrics appointment does it take until you go in for your AOS interview?
Anyone, please?
Thanx
 
JohnnyCash said:
Don't know what is the meaning of this statement, but if during AOS interview I-130 is not approved then the AOS would not be approved. It would be either continued or denied.
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If during your AOS interview your I-130 is still not approved, it would be adjudicated at the same time. This is based on the rule that visa numbers are immediately available for the immediate relatives of a USC.

All my postings on this thread have been specific for this case as marengo has applied for GC as the child of a USC. I 'did not' generalize my statements to cover all cases like asylum, self petition.
 
JohnnyCash said:
I-485 could be filed based upon the approval of other petitions than I-130 like I-140 (employment category), I-360, and others. In some cases, a person doesn't even need the approval of any petition to file I-485 like highly skilled or professional person.

Nevertheless, in almost every case, there must be a basis or approved petition in order to file I-485.
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Agreed. This is a case where USC is sponsoring for his child and all my posts were directed specficially to this.
 
JohnnyCash said:
I-864 is not required in those cases wherein I-485 is filed based upon approved I-360 (Self Petition) and Refugee/Asylum cases.
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As for his case, the affidvait of support is a main criteria that would evaluate the eligibility to get approval for GC.

apologies if i was expected to give a generic reply to this question.
 
marengo said:
How long after you had your fingerprint and biometrics appointment does it take until you go in for your AOS interview?
Anyone, please?
Thanx
Click to expand...

no idea. It depends on how fast your DO is.
 
ari4u said:
no idea. It depends on how fast your DO is.
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Thanks for all your help :)
I'll call USCIS up tomorrow and bugg them a little, lol ;) and then I'll call up the senators office also and ask if there is something they can do to speed up my case :rolleyes:
 
ari4u said:
If during your AOS interview your I-130 is still not approved, it would be adjudicated at the same time.
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First of all, you have NOT initially mentioned about "STILL" in your previous posting, rather you have added it up only now.

Second of all, your statement should be like this- if BY THE TIME OF INTERVIEW (NOT during your AOS interview) your I-130 is still not approved then it would be adjudicated during the time of interview.
 
JohnnyCash said:
First of all, you have NOT initially mentioned about "STILL" in your previous posting, rather you have added it up only now.

Second of all, your statement should be like this- if BY THE TIME OF INTERVIEW (NOT during your AOS interview) your I-130 is still not approved then it would be adjudicated during the time of interview.
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JohnnyCash, My english may not be as good as yours, but THANKS for correcting it anyway.

marengo, you need to have patience. The senators or congressmen will not help you at this point. Before you approach them, you need to make sure your case is at a point where you are done with your interview and everything is taken care of and FBI namecheck is the only hold up.
 
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