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Markieboy

I-485 Biometrics

By Markieboy in Adjustment of Status from Work, Student, & Tourist Visas

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Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Hi everyone!

Just have a question and was hoping for a definite answer.

I am petitioning my wife (currently on H-1B) and her daughter (currently on H4) for I-130 as well as I-485. I understand that there will be biometrics appointment after the I-485 is approved. My wife is here in the US, but my stepdaughter is studying in the Philippines.

My question is: Can my stepdaughter have her I-485 biometrics done at the U.S. embassy in Manila? Or does she need to physically be in the United States to have the biometrics?

Thank you all for your time and effort!

Marc

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Hi everyone!

Just have a question and was hoping for a definite answer.

I am petitioning my wife (currently on H-1B) and her daughter (currently on H4) for I-130 as well as I-485. I understand that there will be biometrics appointment after the I-485 is approved. My wife is here in the US, but my stepdaughter is studying in the Philippines.

My question is: Can my stepdaughter have her I-485 biometrics done at the U.S. embassy in Manila? Or does she need to physically be in the United States to have the biometrics?

Thank you all for your time and effort!

Marc

You cannot do the I-485 at all (not just the biometrics) for the daughter unless she is present in the USA.

Edited by payxibka

YMMV

Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted
You cannot do the I-485 at all (not just the biometrics) for the daughter unless she is present in the USA.

Actually, you can. Form I-485 Instructions paragraph 2B states:

If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's Form I-485 to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved.

My question, though, is: Can the biometrics be done at a US Embassy abroad?

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Actually, you can. Form I-485 Instructions paragraph 2B states:

If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's Form I-485 to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved.

My question, though, is: Can the biometrics be done at a US Embassy abroad?

No you cannot... adjusting status is quite different that IMMIGRATING.... Since the daughter is outside the USA she does NOT have any current status to adjust from...... they will act on the I-130 but there is no basis for the I-485 application

Your stepdaughter has no basis to adjust based on YOUR petition for her mother. Your wife's adjustment is an applicatrtion type "a". You wife's daughter does not get derivitive status to adjust.

Let me ask another question... how old was your stepdaughter when you married her mother?

FWIW, biometrics outside the USA is only available to Military and certain people on governemntal orders.

Edited by payxibka

YMMV

  • 3 weeks later...
 
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