Have I-130 receipt, can I filled I-485 ?

R

Robsri

Registered Users (C)
Sir/Madam:

I have the following application:

- > Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

-> I received from INS a WAC receipt for the I-130 on September 15, 2000 (910 days ago).

-> I have not received an answer: approval or rejection. I only have the WAC receipt mentioned above.

-> I am currently 30 years old and unmarried.

Question: Can I file for the I-485 concurrent with this I-130 or not?

If not,

Question: do I have to wait for the I-130 approval?
Question: what if no answer has come after the INS estimated time of reply of 825 days? Can I appeal or fille the I-485?

Again, thanks all for your insite.

Sincerely,

RS
 
http://www.immigration.gov/graphics/formsfee/forms/i-485.htm


Family-Based Applications

Immediate Relatives

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the above forms.
 
Tesse,

Thanks for your reply. I did read this on the INS web page before posting this, but my doubt is that they only mentioned: "Unmarried Children under 21" and they do not mentioned anything about: "Unmarried Childre over 21."

In addition a couple of line below, they have a section about other relatives beside "Unmarried Children Over 21"

=====

"Other Family Members
If you are filing based on a family relationship with a U.S. citizen or lawful permanent resident who is other than an immediate relative (which includes married children of U.S. citizens, adult [over 21] children of U.S. citizens, siblings of U.S. citizens, spouses and children of legal permanent residents), you should submit the following:
• I-485, Application to Register Permanent Residence or to Adjust Status
• G-325A, Biographic Information
• Copy of your I-797, Notice of Action, showing that the I-130 petition was approved
• I-864, Affidavit of Support
• I-693, Medical Examination of Aliens Seeking Adjustment of Status
• All required supporting documentation as listed on the forms

=====

Do you understand where I am stuck? There is no such paragraph refering to:

"adult [over 21] children of legal permanent resident"

Question: What do you think, can I still filled for the I-485 concurrent with my I-130?


Thanks

RS
 
Originally posted by Robsri
Tesse,

Thanks for your reply. I did read this on the INS web page before posting this, but my doubt is that they only mentioned: "Unmarried Children under 21" and they do not mentioned anything about: "Unmarried Childre over 21."

In addition a couple of line below, they have a section about other relatives beside "Unmarried Children Over 21"

=====

"Other Family Members
If you are filing based on a family relationship with a U.S. citizen or lawful permanent resident who is other than an immediate relative (which includes married children of U.S. citizens, adult [over 21] children of U.S. citizens, siblings of U.S. citizens, spouses and children of legal permanent residents), you should submit the following:
• I-485, Application to Register Permanent Residence or to Adjust Status
• G-325A, Biographic Information
• Copy of your I-797, Notice of Action, showing that the I-130 petition was approved
• I-864, Affidavit of Support
• I-693, Medical Examination of Aliens Seeking Adjustment of Status
• All required supporting documentation as listed on the forms

=====

Do you understand where I am stuck? There is no such paragraph refering to:

"adult [over 21] children of legal permanent resident"

Question: What do you think, can I still filled for the I-485 concurrent with my I-130?


Thanks

RS
Click to expand...

Looks like you come under Family Second Preference F2 fo which there is a annual quota. Family Second preference category F2 includes:
Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents and has an annual quota of 114,200. Depending on your country of origin, you may be subject ot many YEARS of waiting for the quota to become current.
Because you are in a limited quote category, you cannot file I-485 without approval of I-130. And I-130 will be approved only when your priority date is current. THIS IS LIKELY TO TAKE YEARS. Your I-130 receipt notice should have the Priority date on it. You can also check the monthly Visa Bulletin to find out when your date is likely to be current.
Meanwhile maintain whatever immigrant status you are in and do not go out of status.
 
For Robsri

As an added note, family preference category F2 is divided into F2A and F2B. F2A is for spouse and minor children of permanent residents, F2B is for unmarried children (over 21) of Permanent residents. Looks like you fall under F2B. I checked the latest visa bulletin and currently visas are available for Priority dates of August 1994 or worse!!
 
You must log in or register to reply here.
Top