Hi everyone,
I would be very grateful if anyone who had any experience in I-130/I-485 filing and those like JoeF who have knowledge about these matters or Attorneys would clarify few questions that I have, its so confusing and distracting that I am not able to concentrate on my work. I would really appreciate any answers, inputs or suggestions.
The Background…
- Nov 2002 -Came to US in, on F1(Valid Mar 2007) for Masters, have been in US since
- Mar 2005 - Applied for OPT (Optional Practical Training) in last week of March 2005 (with starting date of May 23, 2005)
- May 2, 2005, Got married to US Citizen
- Mid May 2005 - Received EAD, card for OPT starting May 23, 2005, valid until May 22, 2006
- June 1, 2005 - Started working for a company relative to my masters, (AT THIS STAGE we had decided to file papers based on marriage, so I informed the company that I would not need H1 visa etc.)
- June 29, 2005, Sent I-485, I-130, Affidavit of Support, I-131 (Advance Parole) to USCIS Chicago Lockbox (I read the instructions on forms and decided NOT to send Medical Form, as it was supposed to be transferred to local office and they ask for it during the interview, ALSO as I had EAD card for OPT, I decided NOT to send another application for EAD, thought will do it 3 months before my present EAD (OPT) expires.)
- Received Notices (I-797C) for all three (I-485, I-130, I-131) same dates… Received Date (RD) – July 4, 2005 (were they working on a holiday!!!)
Notice Date (ND) – July 12, 2005
Priority Date (PD) – NO DATE
NOW the questions
- Is there a Difference between I-797 and I-797C
- Did I do the right thing by not applying for another EAD right now?
You already have a valid EAD, so makes no sense to apply for another one.
- I read on USCIS yesterday that by not sending Medical Forms, they would now send and RFE, and process would be delayed, is this correct?
Yes, you include the sealed medical envelope when you send the package to the chicago lock box. Since you did not do it, you might get an RFE asking you to send your medical or you might be asked to bring it with you to the interview. So wait for the RFE to see what it says.
- Should I get the Medical done and send that too to Chicago lockbox with COPY of my I-797C Notice for I-485, or should I wait for the RFE, and not create confusion.
See answer above
- Can I just get the medical done before and be prepared even if I don’t send it right now, (But if I have to submit during the interview, then its going to be long time currently the local office is showing processing dates for Dec 2003)
The result of the medical exam is valid for 12 months, so its your call when you plan to do it. Most of the people have their medical done close to when they submit the forms.
- Regarding the FORMS I-130 and on Biometrics – (US Citizen Spouse) but we also wrote INS registration number shown on Naturalization certificate wherever it asked for A# if any (like at one place in I-130 and Dark outlined box at bottom of biometrics forms) for my USC spouse. - I am just confused as someone told me that I should have just written citizen there or left blank…. BUT then also the I-485 was accepted, and there no priority dates mentioned on any Notice receipts ( I assume that it means Current) also has A# for me on it, and I believe that you can file concurrently on if for Spouse of US Citizen. --- IS This Correct. Or would the Petition considered as done by a Permanent Resident.
Sorry, your question is confusing, but ill try to answer what i understood. Since you filed as the spouse of a USC, your PD is always current. USC need not fill the A# section of the form. As instructed on the form, you write N/A if it is not applicable to you.
- Regarding Form I-485, For the question to provide Non-Immigrant Visa Number I have written the number under CONTROL Number on the VISA and not the Number in RED on bottom right hand corner. So should I call the 1-800 number and ask them to correct it…. Does this create more confusion…. Or should I just wait for the interview and tell the officer to correct it.
The visa number is the one in RED. Call USCIS and request for correction.
I GUESS it’s a very long list of questions, but it would be really really helpful to ease a bit of my anxiety if anyone of you can answer or give suggestions to any or all of the above. Thank you very much for your time to read this…and good luck for everyone.
