Problem with GC application....Pls Advice

lordalmighty

Registered Users (C)
have applied for a GC for my wife.
Downloaded all the forms online and mailed them.

Problem #1
The I-485 keeps getting rejected, initially the website had the wrong mailing address, however now it says
"Please resubmit apllication with proper documentation
the following may be provided
Original I-130 or
copy of your i-797 , if already approved"

The fact is that I have already applied for the I-130 which is still under processing , so how am I to provide the original.
From what my understanding from the website was that, if I am applying for my spouse, I dont have to wait for I-130 approval.
Do I resubmit the I- 130 OR send a copy of receipt of I-130.
How do I get these guys to accept the application and get working on it .
What's going wrong???

Problem # 2
I live in NY and the I-130 that I have filed, initially to Vermont has been transferred to California service center because they have jurisdiction over the case.
Is that normal???????

Problem # 3
In order to be able to travel after filing a petition for a GC , what special permission is needed, how long does that process take??
If we decide to travel as things stand right now i.e I-130 in process, no other paperwork with INS, do we still need permission

THANKS IN ADVANCE
:confused:
 
First of all, are you a USC? If yes, you should have filed I-130 together with the I-485 package, and all this would have gone to the Chicago Lockbox.
Now, I don't know what would be best, to withdraw your first I-130 and resubmit it with I-485. I guess you can send your receipt notice of I-130 along with your I-485, I don't know if that would work.
You could call the service number and find out what they thing you should do. But be warned, they don't always know what's going on either!! Get more info and the service number from the USCIS website:
http://www.uscis.gov/graphics/index.htm

About the transferral, yeah, it's normal. They do that for faster processing.

As for traveling, it is important to know that if your wife overstayed her visa, it is strongly recommended NOT to travel until she has her GC at hand. While overstaying is forgiven to spouses of USCs, they still might not be allowed back in the country if they have overstayed, there can be a 3-10 year ban.

If your wife never overstayed (i.e. if you received a receipt notice for I-485 before her I-94 expired) then she can apply for Advance Parole (AP), form I-131. Right now it's taking about 2 months to be processed.

Hope this helps. Good luck! :)
 
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