adjustment - possible or not?

M

misza

Registered Users (C)
A premanent resident filled out I-130 for his wife who was in Poland. It was in August 2000 (priority date). In 2003 wife with 3 kids came to the USA with V visa. She has never applied for adjustment of status in the USA (nobody told her to do it). Case was transferred to National Visa Center in September 2004. Since this date nothing happened. V visa expires in 4 months. Now (as you can see at Visa Bulletin) F2A category => January 01, 2002.

Can she now fill out I-485 if she does not have I-130 approval notice in her hands /I-130 must have been approved because the case is in NVC/?

Do the kids have to fill out separate I-485?

Do they need to get a copy of approval first? Everyone or just mother?

Thanks guys.
 
They should check out the status of their I-130 with the NVC. Per visa bulletin should be approved already. It is my understanding that they need the I-130 approval to apply for adjustment of status. (to send the copy as a supportive document).
 
answer

You can visit INS website to check your case status. Under case status link, you need to enter your I-797c receipt number (Notice of Action), it will tell you whether your wife's petition is approved and when it was sent.

Good luck
 
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