Need Help... I-485 is Pending filing it together with I-131 & EAD

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snowprincess168

Registered Users (C)
hi good day people.. here it goes.. we were not very careful looking at the address where we should send the AOS package I-485 together with I-131 & EAD instead of sending it to P.O Box Chicago,IL we sent it through nebraska service center which is wrong because my I-485 is based on K Visa so somebody advise to resend another application to the correct address since we've waited for 2 long months yet the packet we sent to nebraska wasnt return.now my question is there anyway to retrieve the packet from the wrong address the nebraska service center???? but anyways we filed a new one...


now my second question is does the processing of my I-485 stop when i will travel outside the country through Advance Parole the moment i receive it??? if it the processing doesnt stop, then when my I-485 is approved where are they going to send my Conditional Green card???


now my third question is, i will be out of the US because i will have to finish school in my country which will take me about two years... but then Advance Parole is only good for one year, Im planning to go back to the US during my sembreak which is 6 months away from the issue of Advance Parole...Is it possible to apply for a REENTRY PERMIT when supposing I have my I-485 approved and i have my conditional GC already since reentry permit is better because it is up to two years which would best fit because i can finish my school by that time? But the problem there is the Advance Parole is not yet expired, can i apply for a reentry permit even if my AP is not yet expired???


Ideas/Suggestions/Comments are highly appreciated...
i really need it...
thanks and God bless us all... :)
 
snowprincess168 said:
now my second question is does the processing of my I-485 stop when i will travel outside the country through Advance Parole the moment i receive it??? if it the processing doesnt stop, then when my I-485 is approved where are they going to send my Conditional Green card???
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The processing will continue. If it is approved while you are outside the US, they will send the card to the address you specified on the I-485, and they will let you re-enter the US with the Advance Parole.
now my third question is, i will be out of the US because i will have to finish school in my country which will take me about two years... but then Advance Parole is only good for one year, Im planning to go back to the US during my sembreak which is 6 months away from the issue of Advance Parole...Is it possible to apply for a REENTRY PERMIT when supposing I have my I-485 approved and i have my conditional GC already since reentry permit is better because it is up to two years which would best fit because i can finish my school by that time? But the problem there is the Advance Parole is not yet expired, can i apply for a reentry permit even if my AP is not yet expired???
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Reentry permit is only for actual permanent residents. You have to wait until I-485 approval. But you can renew the Advance Parole. However, you need to be in the US when applying for the second Advance Parole, and you need to remain in the US until it is approved, unless your first AP is unexpired. But if you leave again on the basis of the first unexpired AP, you would still have to reenter the US before it expires, then you can leave again with the second one (i.e. you can't leave the US with the first one in hand, then have the second one sent to you after the first expires, because if you do that they will consider the second one invalid).
 
Jackolantern said:
The processing will continue. If it is approved while you are outside the US, they will send the card to the address you specified on the I-485, and they will let you re-enter the US with the Advance Parole.

Reentry permit is only for actual permanent residents. You have to wait until I-485 approval. But you can renew the Advance Parole. However, you need to be in the US when applying for the second Advance Parole, and you need to remain in the US until it is approved, unless your first AP is unexpired. But if you leave again on the basis of the first unexpired AP, you would still have to reenter the US before it expires, then you can leave again with the second one (i.e. you can't leave the US with the first one in hand, then have the second one sent to you after the first expires, because if you do that they will consider the second one invalid).
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thanks..whew.. its really a great help to me.. now im relief knowing that the process will still continue even if im abroad.. however ive got one more question, assuming dat my I-485 got approved only how many months from now because as what my friend experienced, it only took her 3 months for her AOS to be approved but since my advance parole is good for one year, will it be possible for me to apply for a reentry permit even AP is not yet expired dat is assuming my I-485 be approved few months from now???

anyway, is filing for I-131 really free??? i didnt include a payment for I-131 since somebody told me its free when its included when you filed for I-485.

ive also reviewed the forms we filed for the AOS on USCIS.gov, why is it not updated anymore??? it says OMB No. 1615-0023; Expires 09/30/08?? since september 30 is through what will happen??? what forms will the applicants download if it expired already??? nothin, im just concerned with the future applicants who will be filing...

thanks Jackolantern for the info..it really enlightened me... :)
 
snowprincess168 said:
thanks..whew.. its really a great help to me.. now im relief knowing that the process will still continue even if im abroad.. however ive got one more question, assuming dat my I-485 got approved only how many months from now because as what my friend experienced, it only took her 3 months for her AOS to be approved but since my advance parole is good for one year, will it be possible for me to apply for a reentry permit even AP is not yet expired dat is assuming my I-485 be approved few months from now???
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Your I-485 must be approved before you can apply for the reentry permit.

What you can do is return to the US for a short trip when your I-485 is approved. Then if it is not feasible to wait 3-6 weeks in the US to do the biometrics for the reentry permit, leave the US and come back at another time (like the summer break) and then get the reentry permit before leaving again.

As a secondary note, I hope you are aware that the extended time you will be spending outside the US after green card approval possibly will not count towards the 5 year (or 3 year, if you have married a US citizen) continuous residence requirement for citizenship. Maybe it will, maybe it won't, depending on the length and frequency of your time outside the US and the discretion of the interviewer, but you should be aware of that possibility.
anyway, is filing for I-131 really free??? i didnt include a payment for I-131 since somebody told me its free when its included when you filed for I-485.
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Yes, under the changed fee structure that was implemented last summer, you pay a big up-front lump sum that covers I-485, I-131, and I-765. Under the old fees, you'd pay smaller separate amounts. Renewing the I-131 and I-765 is also free.
ive also reviewed the forms we filed for the AOS on USCIS.gov, why is it not updated anymore??? it says OMB No. 1615-0023; Expires 09/30/08?? since september 30 is through what will happen??? what forms will the applicants download if it expired already??? nothin, im just concerned with the future applicants who will be filing...
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They should continue to accept the expired version if they haven't published a new version.
 
big thanks to you Jackolantern for the info & quick reply... its clear to me now.. Im sure this will help not only me but anybody whos unsure of what to do...
 
oh before i forget, i have this one question in mind that made me really curious, why is it other applicants who filed for I-485 (AOS) also included filing for the I-130 (petition for alien relative)? is it really necessary to include that form???
 
snowprincess168 said:
oh before i forget, i have this one question in mind that made me really curious, why is it other applicants who filed for I-485 (AOS) also included filing for the I-130 (petition for alien relative)? is it really necessary to include that form???
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Your sponsor didn't file the I-130?

Are you the primary beneficiary of the green card sponsorship, or are you the child of a parent who is directly being sponsored? Maybe the I-130 was previously filed by the sponsor without your knowledge.
 
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i havent seen that form (I-130) in the AOS package we sent.. but ill ask him later if he sent that form before.. i am the primary benificiary... i entered here as a K1 visa together wd our son and we got married within the 90 days allotted time... so is that form (I-130) necessary to be included in the AOS we sent???
 
anyway our son if a USC already even if he was born from my origin of country because of consular birth abroad so were not worried about his status anymore since hes a USC.. what were worried is about my status since i entered here as a K1 visa.. so is (I-130 Petition of Alien Relative) really necessary to be filed together with the AOS package???
 
Wait a minute, the I-129F may have been good enough instead of the I-130, given that you came via K1. Let me check ...

I know for sure that K3 and other visas like H1 or F1 would have required the I-130 in order to proceed to the I-485 stage.
 
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You are OK. For your situation, the I-130 was not necessary. If you have more questions, or want more answers just to be more sure about it, ask in the Family Based Green Cards section of this web site.
 
ya thats what i thought of but of course im having doubts with myself.. hehe oh well, once again thanks thanks thanks.. highly appreciated...
 
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