Where do you file I-130?

romit

Registered Users (C)
I am little confused about where to file I-130 along with I-131, I-485 and I-765 for my wife.

I will be a citizen of USA soon and my wife is on V-1 visa waiting for me to apply for her green card once I become citizen. Please help me on this matter. I am seeing different opinion on this.

FYI: I live in San Jose area. I appreciate any help regarding this matter.
 
Looks to me like you file in the San Jose sub-office of the San Francisco District office:

http://uscis.gov/graphics/fieldoffices/sanfran/SFR_I-485.pdf

http://uscis.gov/graphics/fieldoffices/sanjose/aboutus.htm

Below is my generic advice on filing for AOS.

Joe

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Caveat Reador: I am just another CIS supplicant and immigration amateur. You're on your own. My advice may be worth even less than what I charge for it, so verify it with other sources to your own satisfaction before acting on it.

"You can't argue with belief." -- Unknown


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Start collecting *certified* copies of *both* your birth certificates, *original* (i.e. as issued directly by the court) copies of any divorce decrees, and the immigrant spouse's vaccination records (to avoid needless re-vaccination).

Start saving $500 or more (depending on whether you file for advance parole) for filing fees, and $150 or more (if you need extra lab tests or vaccinations) for an immigration medical exam.

Some study materials are: The USCIS page on the I-485 "Application To Register Permanent Residence or Adjust Status" form: http://uscis.gov/graphics/formsfee/forms/i-485.htm. Especially this part: http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba .

Here's how to assemble your package: http://uscis.gov/graphics/fieldoffices/scnational/index.htm#H . Make sure that you place *original* signatures on each piece of paper requiring a signature (including all four copies for each of the two biography forms -- use a blue pen so that the CIS can't mistake an original signature for a xeroxed one.

Send xerox copies of your supporting legal documents (such as birth certificates and marriage certificates), but save the originals to take along to interviews.

Make sure you put original signatures on each document, including a separate original signature on each of the four copies of each biography form. Use blue pen, so it's obvious to the CIS examiner that the signature is an original.

Some CIS offices require that the medical exam be done prior to filing, and the resulting sealed envelope from the doctor included in the filing. Check with your CIS office's requirements.

Make sure all photos are ADIT <http://www.geocities.com/immigration_helpsite/I-130/adit.jpg> photos rather than passport photos.

Finally, never lie to the CIS either verbally or in writing. There are ways to fix problems, but it makes things much harder to be caught in a lie.

See also "Sponsoring a Fiance or Spouse for a Green Card" http://tinyurl.com/34m9q (same as http://www.nolo.com/lawcenter/ency/...C37/catID/C08A0295-9AFE-4F69-A9B7AEE732ECA9AB) .

And while I haven't read it I would have gotten this book if I'd known about it in time, since Nolo Press has a good reputation in the legal self-help field: "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" http://tinyurl.com/37ppc (same as http://www.nolo.com/lawstore/products/product.cfm/ObjectID/E0F68B91-2668-463B-8524281B1AB24AB9 .

Lots of info to be found here: http://travel.state.gov/spouse_fiance(e).html#13c

If the immigrant spouse has ever gotten a "bad record" with the CIS such as by overstaying a US visa in the past, or if you don't get the AOS papers filed before the expiration of the immigrant's current legal stay in the US, then the immigrant mustn't leave the US again for any reason until he gets his green card! He'll still be legal in the US once the "AOS" papers are filed, but if he leaves he might not be able to get back in (no it doesn't make sense, don't expect things to make sense).

If you file before the immigrant's current legal stay expires and the record is otherwise clean with the CIS, then you can file I-131 and ask for "advance parole" for him to leave and re-enter the US while the paperwork is being processed -- but even then he shouldn't leave the US until he holds that AP paper in his hands.

Finally copy the entire package, meaning every single bit of paper that you are about to send including the checks, and save the copies! The CIS is quite capable of losing all or part of of your AOS package, and it's *your* problem to provide replacement copies if that happens. Then, mail the package "Certified Mail with Return Receipt Requested" (unless your CIS office accepts in-person delivery and you chose that option of course).
 
Very Helpful information.

Thank you for all the info. It really clears everything and gave me very thorough step by step info.

I have another question.

I applied for GC for my wife while I was in New Jersy (VSC) while I was a GC holder. Now I am becoming a citizen soon and want to apply again for her GC as a citizen here in San Jose. Is there any problem with this?

Thank you again for any help regarding this matter.
 
You're welcome, I'm glad if any of it was helpful.

Congrats. As soon as you're a USC your wife comes out of that long queue and gets an "immediately available visa number". I'm sure there's no problem at all, I just don't know how to do the paperwork.

If someone else doesn't answer here, you might try asking at http://forums.about.com/ab-immigration/messages . And/or at news:alt.visa.us.marriage-based (if you don't have a newsreader, you can also access it via web browser at http://snipurl.com/4bcz which is the same as http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&group=alt.visa.us.marriage-based).

Joe
 
Medical examination record

Thank you again. Your posting is helping me a lot to understand everything.

I downloaded I-485 local filing information document from the link you have posted. I was going through it and found something interesting. in Medical examination section of this document has aline like this. "All applicants, regardless of age, MUST submit the completed medical examination (Form I-693 and supplemental Form I-693*)"

*Supplemental Form to I-693 is a record of your immunizations. Please note that the Hepatitis B vaccination is given in the three stages over a six month period. The entire series must be completed in order to meet vaccination requirements.

Does this mean somebody should start the process six months ago anticipating that you will be able to file this in six months from now.

It sounds very odd.

Please help.

Thanks again,
Romit
 
I don't know if everyone needs Hep B vaccination. I would find a doctor who is authoriized to conduct CIS medical exams, and ask him.

Good luck with it all,
Joe
 
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