Please Please Please Help

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tsnbagman

Registered Users (C)
I am an U.S. citizen recently wedded to my wife, who is on b1/b2 (visitor) visa. I applied for I-130 along with I-864 3 weeks back and I just received notice from USCIS that they have received my I-130 pettition for my wife. Her visa is about to expire. Does she need to leave the country or she get to stay because of the pending I-130 case? Also, someone mentioned that we should have filed I-485 along with my I-130. Is that right? If it it is right, then what are my options at this point? Please help.
 
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You need to file I-485 now. Pending I-130 does not give your wife any status. Actually, I-864 does not even go with I-130. It should go with your wife's I-485. It is not a problem to file I-130 and I-485 separately, just not as convenient. Be sure to refer to the pending I-130 in your I-485.
 
As Swede suggested... file the I-485 (well that's for your wife to file) asap. You should send the I-485 with I-693 (medical) and I-864 (sent one to be on the safer side) along with the photocopy of the NOA that you have received for I-130.

As for expiring visa... I wouldn't worry about it too much. Since you are a USC, even if she overstays her visa that will be forgiven... make sure you send the I-485 while her visa is still valid.

Hope this helps.
 
You need to file G-325As, too. Read more about the process in the first post of Ari4u's AOS Interview Timeline thread. Does your wife need a work permit? Then you should file I-765, too.
 
Thank you. My wife does not need EAD but she needs advanced parole. So I guess we will also need to apply for I-131.

I-693 seems very complex. What is the best way to do I-693? Does one single visit to a approved surgon's office cover this or do you need to do multiple visit??
 
uscis.gov has some helpful how to guides for family based immigration. I would refer to that, best to get it stright from the source. Civil Surgeon can take care of the 693, but get it done ASAP
 
If they do the skin test (tuberculosis), you need to go back for a second visit after 2 to 3 days. Apparently, some get the chest x-ray instead right away and then you only need one visit, but where I went I had to get the skin test.
 
If you call the service number, they can give you an automated list of civil surgeons in your area. Call them all to do a price check and see who is available sooner.
If you have a shot history, take it with you, it could reduce the bill!

He or she will fill out the I-693 and put it into a sealed envelope. That's what you will mail along with the other forms. They should also give you a copy of it, which is for your own records.
 
Thank you all for your help. We have finished all the work for I-693. She had to take two shots. No tuberculosis test was given. We will recieve it back either on Thursday or Friday.

Does she need to order and attach a plice report for her I-485?
 
tsnbagman said:
Thank you all for your help. We have finished all the work for I-693. She had to take two shots. No tuberculosis test was given. We will recieve it back either on Thursday or Friday.

Does she need to order and attach a plice report for her I-485?
Click to expand...

For AOS... NO. You dont need a police report.
 
Original Post: "I am an U.S. citizen recently wedded to my wife, who is on b1/b2 (visitor) visa. I applied for I-130 along with I-864 3 weeks back and I just received notice from USCIS that they have received my I-130 pettition for my wife. Her visa is about to expire. Does she need to leave the country or she get to stay because of the pending I-130 case? Also, someone mentioned that we should have filed I-485 along with my I-130. Is that right? If it it is right, then what are my options at this point? Please help."


Thanks to all of your advice and my phone call with Vermomt Service Center yesterday, I have decided to send I-485 now and ask them to attach it to the I-130 petition.

Origianlly, I filed I-130 along with I-864 and G325a.

Now we will file I-485 along with I-693, I-765 and I-131.

---------------->>>>>>>>>>---------------------------------------------

Now someone is telling me the following:

"Service Centers (like Vermont) process I-130s that are sent without the I-485.

But, for I-130s filed with I-485s, those are processed by your local district office and should be sent to the Chicago lockbox."

---------------->>>>>>>>>>---------------------------------------------

WHAT SHOULD I DO??
 
Add the NOA (notice of action) from your I-130 to the package of I-485 and send it to Chicago Lockbox. Or you can ask to the customer service if you can do that or you should submitt your I-130 again along with the I-485 packet.

Did you read the instructions for petition procedures and "how to bring my spouse to live in the US?" at www.uscis.gov?

Did she had a x-ray exam? or she is pregnant?

Good luck,
 
She had her X-Ray done and she is not prgnant. We are supposed to get the sealed envelope back on Friday from the surgeon general.
 
I think I just need to go ahead in spend money on lawyers because of all the confusion When I called INS again this morning, they told me that I can not file I-485 concurrently anymore since I already fled I-130. The only thing I can do right now is to withdraw I-130 case submit all of the forms together.

I live in New York. If I withdraw my current I-130 and resubmit that along with other forms (I-485, I-864, I-693, G-325a, I-131, I-765), do I submit them to Chicago? Please advice. Thanks.
 
Hm, that sounds about right. I mean, you could just wait for the I-130 to be approved. Since you are a citizen, your wife's overstay would be forgiven. Only problem is, she couldn't leave the country, like at all, until she's got the GC. So, in order to give her a legal status, you should withdraw your current I-130 and file the whole AOS package. (Pending AOS is a legal status.)

If you do that, then yes, it has to be submitted to the Chicago Lockbox.

Now, I'm not sure how that withdrawal thing works though and if there are any risks. Maybe someone else can enlighten you here.
 
To the OP.
You dont have to wait till I-130 is approved. For immediate relatives of a USC, the PD is always current and there is a visa number available. So file your I-485 with the I-130 receipt. OR. Like you were told, you can withdraw your I-130 and send the whole package (I-130, I-485) to the lock box.

If you file only the I-130, you send it to the service center
If you file I-130 and I-485, you send it to the chicago lock box. From there the I-130 is handled by the appropriate service center and I-485 is sent to your local DO where you will be called for an interview.

Address:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
 
I am going to go second route and withdraw my first I-130 and submit all the forms together with Chicago lockbox? Thank you so much to all of you for providing me with all the information. May I ask one more question?

Do I send one set of supporting documents for all the forms or do I make seperate sets of supporting documents for each form? (ie. 130, 485, 765, 131)
 
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