Help: I'm a US Citizen Marrying an Indian Woman with a Pending AOS

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nycelta

Registered Users (C)
Hi everyone,

I am new to these boards and need some urgent advice.

My girlfriend (an Indian citizen), who I am in love with, and want to marry is currently in the United States with a pending 485 (AoS) using an employment-based application. Her application was initially received on August 19, 2002 and was processed at the VSC. In September of 2004 her application was denied to due to not responding to a RFE. She never responded to the RFE because her family never received it. The RFE was returned by the post office prior to it being delivered. Her case was then denied. So in order to re-open her case under section 245i, she paid the $1000 fine and the case was re-opened as per the notice of action received and sent by the VSC on June 2, 2005.

On the USCIS web page her status is listed as the usual -- we will respond to your inquiry within 365 to 540 days, but with the additional clause that since her preliminary paperwork was already filed, the processing time will be less than the maximum stated.

I am a US Citizen (born in NY, and currently live in NY) and as we plan to marry in front of the city clerk in the next few days, I have the following questions:

1) should I file a I130 on her behalf as her husband (once I receive the marriage certificate) even though she has as an employment-based 485 (AoS) pending?

2) does she need to re-do her medicals and Bio package since that was already completed prior to receiving the AoS?

3) do I submit to the VSC where her 485 is pending? or to a local office? which will have faster processing times?

4) will filing the I130 in any way interfere with her current application?

5) should we submit the 765 work visa? or wait for the LPR card?

thanks in advance for your help!
 
1. Yes you can. An immigrant can has a pending AOS through Employment and family based.
2. Yes. (but I can be wrong)
3. No. You must follow the guidelines for family based. Please read the insructions at www.uscis.gov. You must send all the forms to Chicago Lockbox.
4. No. But you must submit all the forms concurrently since she will be an immediate relative of a US citizen. You can file concurrently the I-130 and the AOS packet (I-485 and all the other forms).
5. Isn't she working already in the US? EAD or I-765 is the employment authorization document or work authorization but definetly is not a work visa.


Good luck,
 
Thank you cherr1980.

So the I130 can only be submitted to a single location? Local offices do not process I130s?

And can anyone pls. respond to the question regarding whether or not she will need to re-do her medicals and bio package?

Also do we need to file another 485 along with the I130 as she already has a pending 485?

thanks!
 
nycelta said:
Thank you cherr1980.

So the I130 can only be submitted to a single location? Local offices do not process I130s?

And can anyone pls. respond to the question regarding whether or not she will need to re-do her medicals and bio package?

Also do we need to file another 485 along with the I130 as she already has a pending 485?

thanks!
Click to expand...

Thats correct. All family based GC applications needs to be sent to the NBC which is the chicago lock box.

She needs to do her medical again as
1. I assume its been over 12 months since did her last medicals and the results are normally valid for 12 months.
2. This is a different petition from the previous one and she NEEDS to do her medicals again.

YES. she needs to file another I-485 as the previous one is employment based.
 
She will have two AOS pending, but each one is based in different issues. One is based on her employer and the other one would be based in the relationship with a US citizen (you). Two different things.
 
Thanks all! but I'm still confused...

http://uscis.gov/graphics/formsfee/forms/i-130.htm

Where to File: A petitioner residing in the United States should file Form I-130 at the Service Center with jurisdiction over the petitioner's place of residence.

Which in our case would be the VSC. So which would it be?
* Is it because we will be submitting the I-130 and 485 concurrently that we send it to the NBC?

And to answer the question regarding her medicals...she had them done last May, so they were done within 12 months. So how do we use those medicals for this family-based application? My girlfriend told me that the results are sealed so how would we go about getting another copy of the results from that doctor?

Thanks in advance for making life much easier...
 
Read the instruction on the form I-485. You must read ALL the instructions and you will see that you must file them at Chicago Lockbox. The entire application is a packet and has several forms on it, each one has specific instructions but when you finish reading all of them, you find out what you must do and what applies to you.

The case will be pending for around 4-6 months or a little more, depends in your DO (district office), so the medicals will expire by the time you get your interview notice. So she must do it again.

Good luck,
 
Last edited by a moderator:
Thanks cherr!

Is there a link on these boards for the processing times of a concurrent 485/130 filing sent to the NBC? We are in NY, so I assume that our application would be forwarded to the VSC. Is that correct?
 
At www.uscis.gov there is a part that you can check out the processing times by district office for I-485, at the NBC they process the EAD and the Advance Parole. But be aware that those dates are not so accurate and they are kind of average time.
 
nycelta said:
Thanks cherr!

Is there a link on these boards for the processing times of a concurrent 485/130 filing sent to the NBC? We are in NY, so I assume that our application would be forwarded to the VSC. Is that correct?
Click to expand...

You need to check NBC timelines for your EAD/AP as Cherr mentioned
Look at your service center for I-130 timeline
Look at your DO (the one you mentioned on your forms) for I-485
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=ac5vkPGW6qRh
 
So are you guys saying that a person can have two I-485 applications pending at the same time (one EB and one MB)? Once one of them is approved, do you have to cancell the other one?

On the Marriage Based I-485 do you get a provisional GC for 2 years that works with no limitations and after another interview 2 years later get a permanent GC? Is that how it works?

Thanks!
 
nati309...based upon what I have been told on this forum:

yes, you can have 2 pending AoS's if one is Employer-based and one is Family-based. Whichever AoS is approved first takes precedence (mods correct me if I'm wrong).

The Marriage based GC is a Conditional GC. 90 days prior to the expiration of the Conditional GC (which is good for 2yrs.) you can apply to have the conditional restriction removed. The good thing that I've read is that you can apply for citizenship while on a conditional GC (again correct me if I'm wrong).
 
Thanks, nycelta.
gurus, can you please confirm how soon you can apply for citizenship if married to a US citizen? Thanks!
 
nati309 said:
Thanks, nycelta.
gurus, can you please confirm how soon you can apply for citizenship if married to a US citizen? Thanks!
Click to expand...

3 years from the date you got your GC approved (conditional or permanent)
 
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