Help -- Refile GC for my father

Y

ymcGC

Registered Users (C)
Hi Guys,

I'm a newbie here. This is the situation with me:
I am a US citizen, my father is currently in US, I submitted I-130 (only, not with I-485, didn't realize I can file concurrently) for my father on January 22 to Nebraska Service Center, I got the receipt on Jan. 30th. Now two and half months passed, we haven't heard any updates from USCIS yet. My father's visa will be expired on May.6, I still want him to stay in US to wait for his green card, after talking to people, my understanding is I will have two options:
1). Submit I-485 for him now with I-130 receipt, but I-485 will be submitted to a different service center(Chicago), which may delay his GC approval.
2). Re-submit a new I-130 concurrently with I-485, cancel the original I-130, I guess which will be faster.

Now my questions is: if you were me, which option would you gurus prefer? I actually prefer the second option(because it's faster,if I'm not wrong), but I'm not sure if I can cacel the first I-130, if I can, when I file the new I-130, there will be question asking me "if my father ever applied GC before or not", how should I answer that? Should I give the answer yes? And how should I tell the reason for canceling the first I-130?

I'm now very confused, please shed some lights on me.

Thanks a lot.
 
Relax...dude...

:D
ymcGC said:
Hi Guys,

I'm a newbie here. This is the situation with me:
I am a US citizen, my father is currently in US, I submitted I-130 (only, not with I-485, didn't realize I can file concurrently) for my father on January 22 to Nebraska Service Center, I got the receipt on Jan. 30th. Now two and half months passed, we haven't heard any updates from USCIS yet. My father's visa will be expired on May.6, I still want him to stay in US to wait for his green card, after talking to people, my understanding is I will have two options:
1). Submit I-485 for him now with I-130 receipt, but I-485 will be submitted to a different service center(Chicago), which may delay his GC approval.
2). Re-submit a new I-130 concurrently with I-485, cancel the original I-130, I guess which will be faster.

Now my questions is: if you were me, which option would you gurus prefer? I actually prefer the second option(because it's faster,if I'm not wrong), but I'm not sure if I can cacel the first I-130, if I can, when I file the new I-130, there will be question asking me "if my father ever applied GC before or not", how should I answer that? Should I give the answer yes? And how should I tell the reason for canceling the first I-130?

I'm now very confused, please shed some lights on me.

Thanks a lot.
Click to expand...


Hi Guru-in-training...

Just save your money and file a I-485 with a copy of NOA receipt from I-130. It is a myth that a new I-130 will ensure a faster approval when concurently filed with I-485...:rolleyes: Whomever told you that, should be ashamed of themselves. Relax... this process is very simple, so don't complicate it...;)

You father will be fine even when his visa expires in May, as long as you have the I-485 paperwork filed, he won't be in violation of any immigration laws, especially when you file before his visa expires. Chicago is just a mailbox for USCIS, all the paperwork for immediate relatives is done by National Benefits Centers.

Don't confuse yourself anymore, don't cancel the initial I-130 petition, just file the I-485 now, with a copy of I-130 receipts, plus the I-693, G-325a and I-864, and you will be ready for business.:) How long it takes should be none of your business, because if you focus on how long an approval takes, you are going to suffer a huge disappointment with USCIS. As an immigrant, I bet you have had your shares of experiences with USCIS...:rolleyes:

Approval for greencard for parents tend to be faster than for US spouses, but also it depends on the processing District Office..
 
more questions

Thanks Al for the reply. What you said really makes sense to me. I also wonder these days AVERAGELY how soon does it take to get parents GC approved when filed concurrently? I just want to have a rough idea about the average time frame.
 
whether I-485 is filed with I-130 or afterwards - doesn't matter. You have to only worry about time it takes to process I-485 (I-130 simply gets adjudicated at the same time).

Mine were filed separately and I believe it took exactly the same time as it would have taken, had I filed them together.
 
Last edited by a moderator:
LucyMO said:
whether I-485 is filed with I-130 or afterwards - doesn't matter. You have to only worry about time it takes to process I-485 (I-130 simply gets adjudicated at the same time).

Mine were filed separately and I believe it took exactly the same time as it would have taked, had I filed them together.
Click to expand...

Hi LucyMO, are you saying you are also doing AOS, but filing seperatly? Did you get every approved already? How long does it take? I really appreciate it if you can share some more experience.

Thanks a lot.
 
yes, I did AOS, my I-130 was filed separately from I-485, and both were approved separately. It took 14 months for I-485 to be approved (I-130 - 6 months), which was just about the average time for Atlanta in 2005. Your processing time depends solely on where you live (your district office).
 
I still have have some questions:

LucyMO, in your previous reply, you said "I-130 simply gets adjudicated at the same time" with I-485, does this mean if at the time that I-485 get processed, if I-130 is not processed yet, they will pull out the corresponding I-130 and process them together?

If I-130 get processed in front of I-485, I-485 will still have to wait in its own line. does that sound right?

If my above understanding are correct, then it will completely depend on how fast I-485 get processed, right?
 
"I-130 simply gets adjudicated at the same time" with I-485, does this mean if at the time that I-485 get processed, if I-130 is not processed yet, they will pull out the corresponding I-130 and process them together?
Click to expand...
yes
If I-130 get processed in front of I-485, I-485 will still have to wait in its own line. does that sound right?
Click to expand...
yes

If my above understanding are correct, then it will completely depend on how fast I-485 get processed, right?
Click to expand...
yes
 
I'm still having some questions for you guys:

My father is now living with my sister in California, I am in OH, will it make any difference to send out the application from california or from OH?

I know the I-485 application ahould be sent to Chicago LockBox, I wonder what's the next step? I saw a lot of people mentioned that the application will be transfered to CSC, will CSC be the only service center to process I-485 for parents GC? I just don't understand what's the procedure for processing I-485?

I really appreciate your reply.

thanks a lot.
 
And also, how do they decide which office my father goes to do fingerprint or interview if needed?
 
you should send the application from anywhere, but indicate
a place where your father actually resides as a place for AOS. That way your father will go through FP and possibly an interview where he lives.
 
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