Family based AOS

S

smali

Registered Users (C)
I will be USC on Oct 2 and have already filed I-130 for my wife in Dec 2008. I am ready to mail I-485, I-765, I-131 and G-325A to Chicago Lock box on my oath day alongwith a check for $1010. Is this OK.

Moreover, I am asking my sister in law to sign as joint sponsor.

Now, my sister in law, who is USC have also already filed I-130 for my wife about 5 years ago as sister of USC, which is taking 12 years. What shall we do now. Should my wife send a letter to National Benefit Center to withdraw the I-130 filed by my sister in law, or does my sister in law have to write to withdraw. If we do not withdraw the previous I-130, can we proceed concurrently and withdraw at the time of interview. Who actually withdarws the I-130. What if we do not withdraw the previously filed I-130, can the second I-130 be approved and AOS adjudicated. Please reply.
 
Should my wife send a letter to National Benefit Center to withdraw the I-130 filed by my sister in law
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no, of course not. You never know what could happen to you and your I-130. Sister's I-130 has no effect on your I-130.
 
Do you mean that previously filed I-130 has no effect on new one

So, you mean we do not need to withdraw previously filed I-130 by sister in law. So, as I understand, if some one has filed an I-485 based on employment and now they want to file I-485 based on marriage, do they need to withdraw previously field I-485. Does I-485 withdrawal and I-130 withdrawal have any parallels, or they are the same
 
USCIS will withdraw the other I-130 when or before they approve your wife's I-485. You don't need to withdraw anything. If you ask them to withdraw the other I-130, they might make a mistake and withdraw the one that you filed. So just leave the other one as it is and let USCIS worry about it.
 
smali said:
So, as I understand, if some one has filed an I-485 based on employment and now they want to file I-485 based on marriage, do they need to withdraw previously field I-485.
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No, they don't need to withdraw either unless USCIS specifically asks the applicant to choose one and withdraw the other.
 
Thanks for the info

Thanks a lot. We will not withdraw the first I-130 unless asked by USCIS via letter to withdraw and second is approved before withdrawal of first
 
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