Multiple A-numbers and concurrent filing

D

darkarchon

Registered Users (C)
I got married to a woman (over-21) whose mother had filed for her AOS (I-130, approved) and her file is with the NVC (multi-year wait for a visa).

She came to visit the USA, we met, fell in love, and got married. So, I am planning to do the concurrent filing (I-130, I-485, etc). However , I have a couple of questions:

I-130: Q16: "Has your relative ever been under immigration proceedings?"
The answer should be yes or no? I can list her previous A-number if needed. Help needed.

I-485: Part 1: A-Number (if any)?"
She does have the A-number from her other case (AOS through her mother). Since I am filing a separate I-130 (along with the I-485), should that A-number be mentioned here? Or do we keep things separate, since this is a separate case?
 
darkarchon said:
I got married to a woman (over-21) whose mother had filed for her AOS (I-130, approved) and her file is with the NVC (multi-year wait for a visa).
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If her mother filed for her AOS, her case would not be with the NVC.

Please clarify some facts:

1. Are you a US citizen?
2. Is her mother a US citizen?
3. Did she file an I-485 based on the I-130 filed by her mother?
4. How did she enter the US -- with a visa? The visa waiver program? Is she Canadian?
5. Has she overstayed?
6. Is she still in the US?

Your answers will affect the available options to proceed with.
 
She is an over-21 child, and the I-130 got approved and the case got forwarded to the NVC (since she was out of the USA at the time)

Answers to your questions:

1. Are you a US citizen?
Yes

2. How did she enter the US -- with a visa, or the visa waiver? Is she Canadian?
B1/B2 tourist visa. Not a Canadian. We met around 60 days after she came to the USA, never knew each other before, and had no prior planning/intent to get married.

3. Has she overstayed?
Not yet. The stay is still valid, and expires soon. My hope is to get all the documents filed before stay expiry. I don't know if the expiry of the stay makes a difference when I file for her.

4. Is she still in the US?
Yes

5. Did she file an I-485 based on the I-130 filed by her mother?
No
 
Last edited by a moderator:
darkarchon said:
She is an over-21 child, and the I-130 got approved and the case got forwarded to the NVC (since she was out of the USA at the time)

Answers to your questions:

1. Are you a US citizen?
Yes

2. How did she enter the US -- with a visa, or the visa waiver? Is she Canadian?
B1/B2 tourist visa. Not a Canadian. We met around 60 days after she came to the USA, never knew each other before, and had no prior planning/intent to get married.

3. Has she overstayed?
Not yet. The stay is still valid, and expires soon. My hope is to get all the documents filed before stay expiry. I don't know if the expiry of the stay makes a difference when I file for her.

4. Is she still in the US?
Yes

5. Did she file an I-485 based on the I-130 filed by her mother?
Yes
Click to expand...

I think you are wrong about #5.

A "preference visa" must have a current priority date in order to file for adjustment of status on form I-485. That seems unlikely.

As a USC, your spousal petition (I-130) will be for an Immediate Relative whose visa is always immediately available.

That is the difference in her I-130 petitions and the options available based on them.
 
darkarchon said:
I-130: Q16: "Has your relative ever been under immigration proceedings?"
The answer should be yes or no? I can list her previous A-number if needed. Help needed.
Click to expand...
Answer No, unless she had some kind of immigration violation before (or been accused of such a violation) and the immigration authorities initiated action against her.


I-485: Part 1: A-Number (if any)?"
She does have the A-number from her other case (AOS through her mother). Since I am filing a separate I-130 (along with the I-485), should that A-number be mentioned here? Or do we keep things separate, since this is a separate case?
Click to expand...
She got an A-number from the existing I-130 approval? If yes, use that same A-number on her I-485 and other related applications. Unless that A-number was originally derived from when she was previously on a student visa.
 
Jackolantern said:
She got an A-number from the existing I-130 approval? If yes, use that same A-number on her I-485 and other related applications. Unless that A-number was originally derived from when she was previously on a student visa.
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She got an A-number from the prior I-130 approval (when her mother filed for AOS and it got approved). As part of my concurrent filing, I am planning to file a new I-130 (for spouse) along with the I-485.

What I understand so far: I should use the A-number from the prior I-130 approval and mention it in the I-485, even though I am planning to file a new I-130 in my concurrent filing.

Is this correct?
 
More questions:

When I file my I-130 (for spouse), will that generate another A-number? Or can/will the previous A-number (based on her mother-filed I-130 approval) be transferred over to my case?
 
darkarchon said:
More questions:

When I file my I-130 (for spouse), will that generate another A-number? Or can/will the previous A-number (based on her mother-filed I-130 approval) be transferred over to my case?
Click to expand...

Include all the information available: a copy of any prior immigration paperwork showing any other numbers A-numbers, receipt numbers, EADs, whatever; and let USCIS sort it out NOW rather than later.

IF she has a real A#, USCIS will use it, if not then HER I-485 will be assigned an A#.

The LAST thing she or you would want is for something to creep up years down the road and cause an unnecessary delay>>>like during naturalization!
 
Petition I 130 for ex green card holder

My DAd is an green card holder entering USA after 11 months? Will IO revoke Green card at POE. Due to medical issues he was out so long.From past 4 years he is traveling out every year using re entry permit.This is he didn't take permit as he thought he will be back within 6 months.

I am a permanent resident and planning to apply citizenship. If my father abandon green card at USA consulate voluntarily. How easy it is if I petition him by filing I 130 for his second green card after I became citizen. His intention is settle down in USA after couple of years.
 
Stop posting multiple posts asking the same question!
Ramshakuni said:
My DAd is an green card holder entering USA after 11 months? Will IO revoke Green card at POE. Due to medical issues he was out so long.From past 4 years he is traveling out every year using re entry permit.This is he didn't take permit as he thought he will be back within 6 months.

I am a permanent resident and planning to apply citizenship. If my father abandon green card at USA consulate voluntarily. How easy it is if I petition him by filing I 130 for his second green card after I became citizen. His intention is settle down in USA after couple of years.
Click to expand...
 
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