I-130 and I-485 question

J

jac2005

Registered Users (C)
ok...I am suddenly confused. What exactly does an I-130 accomplish? You get your GC when your I-485 is approved. So what does I-130 do?

1) Do they get approved together?
2) Do both have to be approved before you can get a Green Card?
3) Does I-130 have to be approved before I-485 gets approved (or atleast an interview is granted) or vice-versa?
4) Who approves the I-130? Is it the service centers that do that?

ALso noticed that the I-130 timeline for spouse of US citizen in the Nebraska Service Center is Oct 2003, whereas CA, Vermont and Texas have a date in 2005. Is Nebraska really 2 years behind on I-130?
 
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jac2005 said:
ok...I am suddenly confused. What exactly does an I-130 accomplish? You get your GC when your I-485 is approved. So what does I-130 do?

1) Do they get approved together?
2) Do both have to be approved before you can get a Green Card?
3) Does I-130 have to be approved before I-485 gets approved (or atleast an interview is granted) or vice-versa?
4) Who approves the I-130? Is it the service centers that do that?

ALso noticed that the I-130 timeline for spouse of US citizen in the Nebraska Service Center is Oct 2003, whereas CA, Vermont and Texas have a date in 2005. Is Nebraska really 2 years behind on I-130?
Click to expand...

My question exactly!!

I have just asked my attorney the very same question and am waiting for a reply

I have had my interview, I-485 approved and GC is on it's way but on word on the I-130 so I am a little confused.

Let you know what I find out
 
jac2005 said:
ok...I am suddenly confused. What exactly does an I-130 accomplish? You get your GC when your I-485 is approved. So what does I-130 do?

1) Do they get approved together?
2) Do both have to be approved before you can get a Green Card?
3) Does I-130 have to be approved before I-485 gets approved (or atleast an interview is granted) or vice-versa?
4) Who approves the I-130? Is it the service centers that do that?

ALso noticed that the I-130 timeline for spouse of US citizen in the Nebraska Service Center is Oct 2003, whereas CA, Vermont and Texas have a date in 2005. Is Nebraska really 2 years behind on I-130?
Click to expand...

Word from my attorney is:
"The I-130 is approved at the same time as the I-485 if they were filed concurrently. You cannot get the GC without both the relative petition and the AOS application being approve"

Hope that answers some of your questions.
 
Make it simple,

130 is used to if Applicant is eliagble to sponser the benificiary. they check doc evidence for both the sponser and the person is being sponsered .


485 is for to check eliagbility of the person who is going to get 'GC' either using 485 or CP. Even 130 is approved they may denny(rarely occured) if any criminal-bg, or anything they feel , example Medical, or anything, but its very rarely happen. not trying to share to scare u :D .

Always be hopeful. :D

Good Luck
 
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melaniee said:
Word from my attorney is:
"The I-130 is approved at the same time as the I-485 if they were filed concurrently. You cannot get the GC without both the relative petition and the AOS application being approve"

Hope that answers some of your questions.
Click to expand...

So then unless these were filed concurrently my AOS interview would not get scheduled? I had my I-130, I-485 filed at the same time, does that mean that they were filed concurrently?
 
jac2005 said:
So then unless these were filed concurrently my AOS interview would not get scheduled? I had my I-130, I-485 filed at the same time, does that mean that they were filed concurrently?
Click to expand...

Concurrently means "at the same time" so yes if they were filed at the same time they were concurrent. Therefore, as I understand it the I-485 and I-130 both have to be approved to enable a GC to be issued. If the two documents were not filed concurrently then I have no idea if that effects the AOS interview - perhaps someone else can advise on this?
 
if they are not filed concurrently as in my case, then:
1) I-130 may be approved long before I-485
2) if I-130 hasn't been approved by the time of your AOS interview, and it's pending at the service center, your local district office will request it before the interview and adjudicate I-130 and I-485 at the same time.

I-130 is a petition for an immigrant visa. I-485 is a request to adjust status to that of a permanent resident on the basis of an available immigrant visa.
 
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