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USC questions on 130/485 processing abroad

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by tkbbw, Apr 13, 2012.

  1. tkbbw

    tkbbw Registered Users (C)

    Hi everyone!

    I want to thank all of you that have helped me come to the decision to file i 130 for my sons.
    It was suggested to me that I also file i485 so that when they arrive in US they will receive a temporary GC stamp on their passport.
    I know they can be filed together but I want to know can I file the I130, and then send the 485 and have that processed abroad as well? At what point do I need to send the 485 for processing not filed with i130?
    Have a lot of you done the 485 yourselves without an attorney?
    Also, at what point is the AOS requested after the 130 filing?
    Thanks everyone!
  2. Jackolantern

    Jackolantern Registered Users (C)

    You are a bit confused. Your sons are outside the US, so they can't file I-485. And the I-485 normally doesn't result in a temporary GC stamp in the passport.

    They will file DS-230 after the I-130 is approved and the case has been forwarded to the consulate. After the consular interview and related formalities, if approved they will receive an immigrant visa in their passports. Upon being admitted to the US with the immigrant visa, they'll receive a temporary GC stamp in their passports. And then about 2-4 weeks after arrival in the US, the green card and Social Security card* will be automatically delivered in the mail.


    *unless the Social Security card was not requested in the appropriate section of the DS-230. But normally every DS-230 applicant will and should request the Social Security card unless they already have one.
  3. Singh4US

    Singh4US Registered Users (C)

    I-130 & ds-230

    Hello!

    You will file I-130 Petition for Alien Relative with USCIS (Chicago Lockbox) and indicate Consular Processing on the application. I-485 is not needed. You will need to file DS-230 Application for Immigrant Visa and Alien Registration for each son through the NVC. The I-551 stamp in their passport serves as a temporary Lawful Permanent Resident card (valid for 1 year). The actual Green Card arrives within a few weeks to two months after their arrival into the USA. They are admitted into the USA as LPR with the Immigrant Visa.

    http://travel.state.gov/visa/immigrants/immigrants_1340.html

    http://travel.state.gov/visa/immigrants/nvc/nvc_1335.html
  4. tkbbw

    tkbbw Registered Users (C)

    whoa wait a minute....this lawyer told me first I did the 130 and then 485 for the GC.
    Yes I am very confused! He was going to charge me 5k for the boys for the 485's. 3k for the 130. Could it have been another form filing?
    So this DS 230, I can have that all done abroad? So when they arrive they get the temporary stamp? Thats it?
    They then have their GC? why do i see people filing 485 if just theDS 230 is needed? What am I not getting here?
    When do I file this DS 230 and when do they request the AOS?
    Thanks everyone!
  5. Jackolantern

    Jackolantern Registered Users (C)

    Different forms for different situations.

    DS-230 is for applicants who will complete the interview and related formalities outside the US. They will get an immigrant visa if approved by the consulate, followed by a green card after admission into the US.

    I-485 is for applicants who are already inside the US at the time of filing, and will have the interview and related formalities (fingerprint, medical) within the US. No immigrant visa involved, the green card is delivered within a few weeks after approval.

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