I130 Query

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visausaquestion

Registered Users (C)
I am married to USC citizen. I have already got my EAD and advance parole. I have also got my I-485 appointment interview scheduled in June end. My question is regarding mine I-130. Is there any relationship between I-485 and I-130. My receipt date for I-130 is Dec 1 but on Vermont Service Center Processing date for I-130 is Dec 3rd. Mine case ID is for MSC and I am from NYC

Anybody can throw some light regarding mine I-130
 
visausaquestion said:
I am married to USC citizen. I have already got my EAD and advance parole. I have also got my I-485 appointment interview scheduled in June end. My question is regarding mine I-130. Is there any relationship between I-485 and I-130. My receipt date for I-130 is Dec 1 but on Vermont Service Center Processing date for I-130 is Dec 3rd. Mine case ID is for MSC and I am from NYC

Anybody can throw some light regarding mine I-130
Click to expand...

I-130 establishes a relationship between sponsor and immigrant and also issues an immigrant visa number for the I-485 to be processed. I-130 approval does not mean much. Main focus is on the I-485 whose approval would get you the GC.
 
Thanks Ari4u,


This answer an really clearify a lot for me because I have alot wonder what is the realationship between the two form.

What is one I-130 is approved and the I-148 is denied? Anyway forward

I just want to say thanks to everyone that has being taking time to reply to questions on this forum. It's really a blessing to most of us that just discovery this site

thanks
 
Well yes that can happen because as Ari explained the I-130 just stablish the relationship between the petitioner and the beneficiary. Even the petition can be approved means that the beneficiary can then apply for other benefits like the I-485, does not mean that the I-485 should be approved. The I-485 is approved just under the grounds that the law was satisfy by the beneficiary. For example you can have an approved petition from your spouse (I-130) But when you apply for I-485 can be denied because you don't have enough financial support.

Good luck,
 
So you can get a I-485 approval and GC without I-130 approval?

ari4u said:
I-130 establishes a relationship between sponsor and immigrant and also issues an immigrant visa number for the I-485 to be processed. I-130 approval does not mean much. Main focus is on the I-485 whose approval would get you the GC.
Click to expand...

Hi ari4u,

I have a read a lot of posts by you in this forum and they have all been very useful. In my case, I haven't gotten an I-130 approval yet, but has an interview for AOS with the DO on the 22nd of May. Do you mean to say that I could get approved and get a GC even if I-130 hasn't been approved? Let me know. I have been wondering about this since we moved to VA from TX and changed addresses etc. and though the interview was scheduled on the I-485, there has been no word on the I-130 petition.

Thanks a lot in advance,
 
If you are married to a USC and you do not have to file any waivers outside the country, like a 601, the 130 will be adjudicated at the same interview as your 485.
 
Thanks!

Hi sometime2006,

Thanks for the quick reply. No, I don't have to file any waivers, and yeah, my wife is a USC. So that should be pretty straightforward :)

Have a good one!
 
Correct. At the time of the interview (if there is nothing that they find to ask for more info) the approval of your I-130 happens at the same time of your I-485.

Now, strictly answer your question...if a person files a petition I-130 for the spouse and the spouse file for AOS concurrently and on the I-130 the petitioner fail to proof the relationship (for example the person didn't divorce from a previous marriage) then the I-130 gets denied, making void the I-485.
 
sgsnathan said:
Hi ari4u,

I have a read a lot of posts by you in this forum and they have all been very useful. In my case, I haven't gotten an I-130 approval yet, but has an interview for AOS with the DO on the 22nd of May. Do you mean to say that I could get approved and get a GC even if I-130 hasn't been approved? Let me know. I have been wondering about this since we moved to VA from TX and changed addresses etc. and though the interview was scheduled on the I-485, there has been no word on the I-130 petition.

Thanks a lot in advance,
Click to expand...


My GC was approved in feb and i still have no information regarding my I-130. I did not get any approval notice for I-130 nor can i see the status online. It doesnt worry me much as i have my GC now :) You shouldnt worry about it either. Focus on getting prepared for your interview and good luck!
 
Hi ari4u & cherr1980,

Thanks a lot for clarifying that. I will stop wondering about the I-130 now :-). I will keep you guys posted on how things go at the interview which is at Norfolk, VA. Too bad we moved from Dallas to here or we could have gotten it much quicker through DORA I guess. Oh well!

Best regards,
 
Well, I have heard that some people with DORA got a good deal with that program, but others take the same time and even more than others with the normal process at their DO. Good luck in your interview!
 
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