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I-130 pending, can I file I-485???

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by pegali, May 6, 2006.

  1. pegali

    pegali Registered Users (C)

    Hi there,

    If anyone can help me on this one. I have filed my I-130 (Marriage with US Citizen) in October 2005, and I receive a notice from CSC that the preliminary processing is completed and file is transfered to San Francisco, CA.

    What should I do? Should I wait for the interview or file the I-485, since my other petition with 9th Circuit is denied and I have about 30 days left to file for rehearing?

    I don't have work permit and cannot afford lawyers now. Thank you very much for your help.
  2. ari4u

    ari4u Registered Users (C)

    As the spouse of a USC, you are eligible to file I-130 and I-485 together and you should have done that. Your PD is current and you can file your I-485 right away. There wont be an interview for I-130, but you will have one for the I-485.


    You have not provided information about your 'other petition' so i cant tell much.
  3. TheInquisitor

    TheInquisitor Registered Users (C)

    in a similar vein. have i -130 petiton from mother who is citizen. i am unmarried and over 21. case went from one center to another (say have to wait 900 to 999 days for a decision). in the old center it was already passed 30 days the the state departments have the priority date in my favor.

    can i put in an i-485 or not? thank you.
  4. ari4u

    ari4u Registered Users (C)

    If your PD is current, you can file an I-485 provided your I-130 has been approved.
  5. pegali

    pegali Registered Users (C)

    Thank you ari4u.

    I'll get the forms ready and once I submit them. Whats the next step. I am aware that I-485 is a complete packet containing several other forms.

    Do I need to file all the documents I already filed with I-130 or just the new documents if any along with all the forms?

    Thank you in advance.
  6. mire

    mire New Member

    Pegali
    It sounds like you had an asylum application which went to the judge. Which also means you were in the removal proceedings.

    First your application has been transfered to San Fransisco,( Local office), because you will have to do an interview for I 130 to prove that your marriage is bonifide. This is because you either married while you were in the proceedings or you file while you were in the proceedings. They assume that marriage is fraud until you prove otherwise. The burden is on you.

    Don't file I 485, because you are under the immigration court. You will have to be released by the judge then you can file I 485 with INS or you will have to file I 485 with the judge. (this really depends on the judge)

    Now back to the (9th circuit case), you want to keep that open, so that once your I 130 interview is done and you are approved, you can continue with the process etc. If you don't appeal, you will be given a voluntary departure, and if you don't leave by the specified time, you will be given the
    " bag and baggage letter" to appear somewhere so that they can deport you. This will be done regardless of your I 130 application (approved or not).

    And also, if you let this case closed by the immigration court, once you have I 130 approved, you won't even be able to file I 485 until you request a Motion to Reopen the case at the court, so that you can do what I describe above (have the judge release you from the court etc).

    So your priority now should definitely be to keep the ( 9th circuit case open), I don't see how you can do that without a lawyer. Also, you and your spouse prepare well for your I 130 interview, start putting together evidence.

    PS: In I 485 application,there are questions which requires Yes or No answers. One of them requires you to say if you are in the removal proceedings, have deportation order etc. So filing I 485 now will just disqualify you and make everything hard for you. I know it sounds hard, and believe me, I know the lawyers can be expensive and some even not that informed. You definetely need to talk to the lawyer who understand your situation (especially removal proceedings etc). I don't see a way around it. Most immigration court proceedings are not well documented, otherwise, you could have done it all this yourself.
  7. TheInquisitor

    TheInquisitor Registered Users (C)

    so the answer is no then. thank you for the info.
  8. TheInquisitor

    TheInquisitor Registered Users (C)

    can i know put in the forms? got most documents ready to go. so can i do it? if so, when? as soon as tomorrow? and i want to get on airplane for memorial day. can i do so right now? thank you.
  9. ari4u

    ari4u Registered Users (C)

    Before you file I-485, make sure your PD is current or the forms will be returned back to you.

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