i130/i485 dilemma

belo

Registered Users (C)
A friend of mine who is a US citizen married his long time girlfriend who was on F1 visa three years ago. They had their interview almost three years ago and were told by the IO that they will hear from USCIS soon. But they have not heard anything up to now and are very confused.

When they check their i130 online it still has the old message indicating they will be called for an interview. The status of their i485 is still pending. Actually, the staus indicates finger print review completed.

His questions is,

Does the i130 have to be approved before the i485 is approved?

Do they approve both the i130 and i485 at the same time?

Does this indicate she is stuck in name check hell, because USCIS keep saying her background check still pending?

Your thoughts are appreciated.
 
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A friend of mine who is a US citizen married his girlfriend who was on F1 visa three years ago. They had their interview almost three years ago and were told by the IO that they will hear from USCIS soon. But they have not heard anything up to now and are very confused.

When they check their i130 online it still has the old message indicating they will be called for an interview. The status of their i485 is still pending. Actually, the staus indicates finger print review completed.

His questions is,

Does the i130 have to be approved before the i485 is approved?

Do they approve both the i130 and i485 at the same time?

Does this indicate he is stuck in name check hell, because USCIS keep saying his background check still pending?

Your thoughts are appreciated.
If they passed the interview without any problems, that means the I-130 was approved. I-485 can't be approved until the name check (e.g. background check) is cleared. Only it is not his background check, it's hers.
 
If they passed the interview without any problems, that means the I-130 was approved. I-485 can't be approved until the name check (e.g. background check) is cleared. Only it is not his background check, it's hers.

Well, when he checked online his i130 was never updated. Will USCIS tell him if her i130 is approved if he sets up an infopass, or they do not divulge that type of information...
 
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if i were your friend, I'd make an infopass appointment at the local office, and inquire where the GC is. He should have done it a long time ago. If it doesn't help, he needs to go to his congressman for help. If that doesn't help, then immigration ombudsman. After that - suing USCIS usually helps.
 
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