Confusion about I-130 form

[Mrs.J06 4]

Alright, after reading some posts here I am completely confused now:

For AOS, our lawyer submitted form I-130 Petition for Alien Relative along with the I-485 (and EAD and AP).

Is that right? Or did we actually only need a copy of the approved I-129? I sent an email to them but all I got was an auto-reply (out of office!)

If they screwed up, I'll be really p*****d!

Thanks for comment, anybody....

Carla

[Not Available 0]

Your NOA2 from your I-129F is needed with your application, K1 holders do not need to send the I-130. Lawyers soemtimes i think need a swift kick in the A$$... all the best!

Edited May 23, 2006 by Stina

[nayalamb 0]

no you don't need it... lawyer was wrong/confused/misinformed/insane/distracted/sleepy/hungry... (feel free to pick one)

[TracyTN 237]

Typical lawyer!

I just hope it doesn't cause you too much of a delay.

[Mrs.J06 4]

Thanks everybody... looks like this lawyer who made so much money on us so far has just received his last cheque... Anyway, I'm pretty pissed about that!

I'll have my biometrics appointment on June 9th, anything I can do about this while I'm there? Or should I just sent a letter to the service center cancelling the petition and enclosing a copy of the already approved I-129F?

Should I sent that letter to MSC, or to the district office, or both?

Sorry, more questions....

[Rocio 0]

so your lawyer submited i-485 and i-130?

i wouldnt cancel i mean he submited what was needed with i-485, perhaps they wont care about the other form?......i asume you gave all the documents needed with the i-485, i guess if something missing will be asked with RFE

good luck

[Mrs.J06 4]

so your lawyer submited i-485 and i-130?

i wouldnt cancel i mean he submited what was needed with i-485, perhaps they wont care about the other form?......i asume you gave all the documents needed with the i-485, i guess if something missing will be asked with RFE

good luck

I guess once he answers my emails/phone calls I will have to ask him whether he submitted a copy of the approved I-129F with the I-485, if he didn't we will probably get an RFE for this...

I think we should cancel the I-130, since this is not the appropriate form and will only result in confusion!?

Any more input, anybody?

Thanks,

Carla

[Not Available 0]

I dont know if its a good idea to cancel the I-130 ONLY because it could cause more confusion. They may end up cancelling your whole application. Stupid, i know, but i have known people to cancel stuff and the USCIS ended up misinterpreting/screwing up the process. Perhaps just wait for the RFE. But this is just my opinion.

[Rocio 0]

I dont know if its a good idea to cancel the I-130 ONLY because it could cause more confusion. They may end up cancelling your whole application. Stupid, i know, but i have known people to cancel stuff and the USCIS ended up misinterpreting/screwing up the process. Perhaps just wait for the RFE. But this is just my opinion.

i agree thats why i said wait for RFE

[Yodrak 7]

Carla,

You don't provide the information necessary to answer your question. Did you marry within 90 days of entering the USA?

Yodrak

Alright, after reading some posts here I am completely confused now:

For AOS, our lawyer submitted form I-130 Petition for Alien Relative along with the I-485 (and EAD and AP).

Is that right? Or did we actually only need a copy of the approved I-129? I sent an email to them but all I got was an auto-reply (out of office!)

If they screwed up, I'll be really p*****d!

Thanks for comment, anybody....

Carla

Stina and nayalamb,

Some K1s do need an I-130 ......

Carla does not provide the critical information necessary for us to know if she needed it or not.

Yodrak

Your NOA2 from your I-129F is needed with your application, K1 holders do not need to send the I-130. Lawyers soemtimes i think need a swift kick in the A$$... all the best!

no you don't need it... lawyer was wrong/confused/misinformed/insane/distracted/sleepy/hungry... (feel free to pick one)

Edited May 23, 2006 by Yodrak

[Mrs.J06 4]

Carla,

You don't provide the information necessary to answer your question. Did you marry within 90 days of entering the USA?

Yodrak

Yodrak,

yes, we did get married on March 24th, I entered the country on January 26th, so we were well within the 90 days time frame.

Any advice what we should do? Still wasn't able to reach the lawyer yet.... Guess he knows what will happen!

Carla

[nayalamb 0]

Stina and nayalamb,

Some K1s do need an I-130 ......

Carla does not provide the critical information necessary for us to know if she needed it or not.

Yodrak

for real??????

dude! i stand chastened...

i assume from your later comment that that may happen if you marry after the 90 days are up...

wow... you really do know everything... sigh...

[de_sjiem 0]

Just another point to be considered, dont know how its done or whatever, but if you let your lawyer go, does USCIS need to be notified, because otherwise they may send RFE's etc to the lawyer, instead of the applicant?? does it work that way? not sure just wanted to make sure that was thought of! Good luck!

[Yodrak 7]

Carla,

In which case, you do not need an I-130.

Yodrak

Carla,

You don't provide the information necessary to answer your question. Did you marry within 90 days of entering the USA?

Yodrak

Yodrak,

yes, we did get married on March 24th, I entered the country on January 26th, so we were well within the 90 days time frame.

Any advice what we should do? Still wasn't able to reach the lawyer yet.... Guess he knows what will happen!

Carla

[Mrs.J06 4]

Thanks everybody for you help and comments! I finally got an answer from our lawyer, I thought I would share this:

"I did check your file; you are correct, it was an

oversight on our firm's part to include an I-130 for you, strictly

speaking it was not necessary. Sorry for

the confusion. However, please do not be concerned about it having any

effect on your case. Whether an I-485 is filed based on an I-130 (for

instance, spouse of a US citizen in the USA as a vistor) or an existing

approved I-129F for a K-1 fiancé), I have never seen a difference in the

processing times it takes for the I-485 to make it from the "National

Benefits Center" (NBC) in Missouri to the local USCIS office in

Bloomington. There is no extra pre-processing of the I-130 done by NBC,

rather if an I-130 is needed in a case (non-K-1 cases), then the local

office just decides the I-130 on the day of the interview along with the

I-485. So I don't think this will have any effect on your case, and

nothing is gained by trying to withdraw the 130 now, better just let the

485 continue in normal course from Missouri to the local office like any other case. "

I'm not completely sure I trust him, but since I'll have my biometrics appointment for June 9th, I will ask at the local office and see what they have to say about it. I'll let it rest until then...

Carla