Cancelled I-130 petition

[darsh 0]

Hi

I filed I-130 and I-129F for my spouse and they both got approved. However, I-129F went through the immigration faster and she got the K-3 visa and she entered into the US in last year.

When I talked to the NVC I found out that in order for my wife to get interviewed for the I-130 she has to go back to Sri Lanka, and they advised us to file I-485 to adjustment of status. Also they advised us to cancel the I-130 if we choose to file the adjustment of status. So, I went a head and ask the NVC to cancel the I-130 case. So, NVC forwarded the letter to the USCIS and USCIS reworked the I-130. we have a one month old citizen daughter.

My question is can my wife still file the I-485?

Is her K-3 visa is still valid since Ins reworked the I-130?

Please let me know I really need help.

Thank you

Darsh

[Bobby+Umit 161]

Hi

I filed I-130 and I-129F for my spouse and they both got approved. However, I-129F went through the immigration faster and she got the K-3 visa and she entered into the US in last year.

When I talked to the NVC I found out that in order for my wife to get interviewed for the I-130 she has to go back to Sri Lanka, and they advised us to file I-485 to adjustment of status. Also they advised us to cancel the I-130 if we choose to file the adjustment of status. So, I went a head and ask the NVC to cancel the I-130 case. So, NVC forwarded the letter to the USCIS and USCIS reworked the I-130. we have a one month old citizen daughter.

My question is can my wife still file the I-485?

Is her K-3 visa is still valid since Ins reworked the I-130?

Please let me know I really need help.

Thank you

Darsh

Yes, it appears you can still file for the I-485 - since she was lawfully admitted/inspected into the US.

Not sure by what you mean "re-work"? However, since you can AOS, the K-3 shouldn't matter anymore.