+++ I-130 vs. I-485? +++

E

e17345

Registered Users (C)
Good morning....I have done my due diligence and searched the USCIS website and this site but it is still unclear.

Does the i-130 have to be approved first before i-485 can be worked on? Is there a direct relationship between when they get approved (I am confused because bthe i-130 is at a regional office and the i-485 is at the local, right?)

Please advise.
 
1-30 & 485

Filing precedure is based upon your relationship with your petitioner. If you belong to immediate relative of USC (Spouse of USC, unmarried child of USC under 21, or parent of USC), you can file I130 and I 485 same time and mail your applications to Chicago lockbox. If you belong to preference family category, your relative must file I-130 at one of 4 service centers to establish proper family immigration preference base. I-130 petition must be approved and visa number must be available immidiately before you can file I-1485.


Good luck

e17345 said:
Good morning....I have done my due diligence and searched the USCIS website and this site but it is still unclear.

Does the i-130 have to be approved first before i-485 can be worked on? Is there a direct relationship between when they get approved (I am confused because bthe i-130 is at a regional office and the i-485 is at the local, right?)

Please advise.
Click to expand...
 
e17345 said:
Does the i-130 have to be approved first before i-485 can be worked on?
Click to expand...

If a LPR submits the I-130... or USC submits I-130 for someone who is not an immediate relative... YES

If a USC submits the I-130 for an "immediate relative"... NO. In this case (assuming I-485 is concurrently filed with I-130), the I-130 and I-485 are processed in parallel. If "by the time of AOS interview" your I-130 is "still" not approved, then it would be adjudicated during your AOS interivew.
 
Last edited by a moderator:
I am married to a US Citizen, and had filed in May'05....

I just know that i have two forms pending (i-130 and i-485)...just not sure which one is supposed to be approved first, or do they have to be approved at the same time?

It just looks like i-130 is in one place and the i-485 is in another....
 
ari4u said:
If a LPR submits the I-130... or USC submits I-130 for someone who is not an immediate relative... YES

If a USC submits the I-130 for an "immediate relative"... NO. In this case (assuming I-485 is concurrently filed with I-130), the I-130 and I-485 are processed in parallel. If "by the time of AOS interview" your I-130 is "still" not approved, then it would be adjudicated during your AOS interivew.
Click to expand...
Just want to add one thing to this:
I-485 comes into play only for an immidiate relative who's in the U.S. at the time of filing I-130.
 
You don't have to look at different places. Since you are an immediate relative of a USC both will be granted at the same time. Actually they will tell you in the interview that your I-485 is granted or denied (the one who rule is the I-485 at the interview).
Good luck,

Pd. Probably it is confusing because when you read the petition procedures indicates where you have to file BUT when you read the instructions of the forms then you realize that there are some changes in the place of filing, there has been some changes since the end of last year. Check always www.uscis.gov.
 
Thank you for your feedback. Perhaps I did not make myself clear. What I meant to ask and understand is that when I look at the Atlanta local Office Timeline, they only have i-485. The timeline tracker i-130 can only be found at a regional office.

So I am trying to figure out which one is more important because the processing dates are so different; dont know which one should be approved firist since they are in 2 different places. (I sent my paperwork packet to the Chicago box).

Here is what I am talking about:
i-130 - Texas - processing May 9, 2005
i-485 - Atlanta - processing June 1, 2004
 
Oh we are in the same DO!
Well, now that I am re-thinking that, my opinion is that I think they maintain all together until the file goes for adjudication, except the EAD and AP. That is why I never check out the I-130 in Texas, because we really never sent that over there, plus remember that is when you are applying for somebody that is outside the US you sent it to the service center not to Chicago. There is a pdf file from the DHS that explain how the process goes very generally:http://www.dhs.gov/dhspublic/interapp/editorial/Copy_(6)_of_editorial_0334.xml
Check out the one that says "USCIS fascing challenges..." is like the report number 16 from top to bottom.
Probably I am wrong, let's see if somebody post different.
 
You must log in or register to reply here.
Top