Forgot to file I-485 with I-130 and am filing now

[UnhappyVictimAmer 2]

I filed I-130 2 months ago and found out now that I should have also filed I-485 along with it. I'm staying with my new wife in her country until she gets citizenship. At first I wanted to live permanently in her country but decided it's not for me. I am confused about the process and overwhelmed by all the terms and abbreviations but I am also determined to take this on without an attorney.

So I am in the process of flying us both to the only city with approved doctors to perform the medical exam. Hopefully the doctor will get it done in one day like he said over the phone because we have reserved airline tickets to return home later in that day.

My question for now is, has anyone else tried sending in their I-485 later on after the already filed the I-130? (can my mom's offer of us living for free at her house be considered income for the affidavit? and I quit my job last June but will they still accept my 2009 tax transcript as enough to pass even though I'm unemployed? It was for 60k but was filed jointly with my ex wife, my part was 40k.)

[belinda63 3,038]

I am a little confused so let me see if I have this right. You are the US citizen, unemployed, and brought your wife her to obtain her green card?

You will wait until you receive the NOA-1 for the I-130 then file the I-485 (and other forms) with a copy of the receipt notice for the I-130. Please read the guides at the top as they are very helpful.

[George & Gina 29]

One or both of us is VERY confused here.

If you were filing for adjustment of status, your wife would already be in the US. If you want your wife to get US citizenship, she has to reside legally in the US for 3 years(as your wife) prior to applying to do so.

Maybe I'm completely misunderstanding what you're attempting to do...

I'm assuming that you want your wife to immigrate to the U.S. This would require her receiving an IR1/CR1 visa. Filing the I-130 is the first step to doing this. If you're living in Indonesia, have you considered filing directly with the local consulate (DCF) to get her visa? Have you received a letter from NVC or the US Consulate in your location telling you wife to get her medical evaluation done?

I'm sure I've muddied the waters here...can someone please enlighten me?

Thanks,

George

[Nicole-N-Nattoy 24]

I think he was living with his wife in Indonesia and was going to stay permanetly, but then decided not to and to bring her to the US with CR-1.

He wants to stay in Indonesia and wait until his wife gets approved and then go to the US together.

I too didn't know anything about the process until I decided to file for my fiance. I spent many hours on this website reseaching and eventually I learned all the terms and more.

I don't know about all the forms you are using because I went the K-1 route. I think it will be hard to stay with her and do all the paperwork from her country.

If the I-186(I think it is) is like the I-134 then you will need a co-sponsor because you are not currently working. However they will want your past tax returns anyway, and it shows you weren't unemployed for long periods and things like that. You could have your mom be a co-sponsor if she makes 125% over the poverty level for a house of atleast 3.(you, your wife, and mother) Your mother could use her house as assests which could help.

Edited January 5, 2011 by Nicole-N-Nattoy

[UnhappyVictimAmer 2]

OK sorry for leaving my details out. I am a U.S. citizen staying here in Indonesia and trying to get my wife u.s. citizenship. I called and found that the only embassy that could help me was in Jakarta about 850 miles away. There was a mix up and we flew there to deliver the form in person only to be told that I needed a KITAS visa to show long term stay and that they couldn't process it for me. So it was a wasted trip. I had to mail it to Chicago because at the time I was still on a tourist visa. I now have a KITAS but the consular is telling me if I want to file with them that I first have to cancel my original I-130 petition and then file it through them. I am trying to find out how much a delay that could cause because I'm already over 2 months into this waiting period and of course I am not wanting to wait any longer than I have to.

On the USCIS website I found that for a foreign spouse to apply for citizenship that I needed to send in the I-130 petition and the I-485 at the same time including the affidavit and biometrics. She is not in the U.S. and has never been in the U.S. In the affidavit instructions it states that if the annual income shown by the most recent tax return is above guidelines then a co sponsor and/or assets is not needed. It does not state that I have to be employed. Confusing to me. That's why I'm thrilled to have found this forum and you guys.

[milimelo 4,481]

Wife is not getting US citizenship any time soon.

If you qualify to file DCF, yes, you do have to withdraw the other I-130 you already sent (2 months ago). You should also check with embassy how long you have to be in the country to qualify for DCF filing - usually is 6 months, but some countries have different requirements.

Read up on I-864, poverty guidelines - both forms available at www.uscis.gov under forms section.

[Harpa Timsah 13,258]

A I-485 is only for foreign spouses (and family members) currently residing in the US. Since your wife is not in the US, then you do not need to file a I-485. As stated, you are either following the CR-1 path through normal means, which right now is taking around 8-10 months, or you may qualify to follow the same path, but file directly with the embassy, which will make the wait less. You need to check with them if you qualify, and if you do, you will need to withdraw the first petition you sent to Chicago so you can speed up the process. You will start over your waiting period, but the overall waiting period if you file through the embassy is much less. There is not way to count your waiting period towards your new petition.

[UnhappyVictimAmer 2]

A I-485 is only for foreign spouses (and family members) currently residing in the US. Since your wife is not in the US, then you do not need to file a I-485. As stated, you are either following the CR-1 path through normal means, which right now is taking around 8-10 months, or you may qualify to follow the same path, but file directly with the embassy, which will make the wait less. You need to check with them if you qualify, and if you do, you will need to withdraw the first petition you sent to Chicago so you can speed up the process. You will start over your waiting period, but the overall waiting period if you file through the embassy is much less. There is not way to count your waiting period towards your new petition.

I think I understand now, thanks. I think it's best that I somehow cancel my current I-130 and file with the embassy here. I should qualify since I've been here over six months and now have a KITAS. So by taking the CR-1 path, which means file the I-130 again with the U.S. embassy here, she would get a green card at POE right? Good for 2 years? And then apply for AOS? According to an email from the embassy here, their process is expected to take six months to complete.

Do I send a letter to Chicago to cancel the I-130 or call? Would they refund my original fee?

[Harpa Timsah 13,258]

Yes, she will get a green card at POE. With this visa, there is no need at all for AOS. Her status upon entering will be Green Card Holder/ Legal Permanent Resident.

Chicago is just a sorting facility, so you can't call or mail there. I am not sure how to go about canceling the first I-130, but Chicago isn't the way to do it I am also not sure if they will refund the fee. I'd ask the embassy if they know how to do it. I imagine you have to send a letter to whatever service center has your application, but I really don't know! Someone who knows will probably chime in. Good luck.

[marriedtomrg 141]

You may just want the current I-130 petition to run its course. If you have the NOA1 already, you cannot refund the fee. If you are decided in pursuing DCF there, you may want to check first how fast they are able to process the I-130 at the US Embassy in Jakarta...also if it takes too long to put the brakes on the current petition, then you will have lost time as well as the fee you have already paid.

If you guys have been married for less than 2 years, after your spouse enters the US, she will be issued a conditional green card, good for 2 years. Within 90 days before her conditional green card expires, she must apply for removal of conditions.

If you guys have been married for 2 years or more, after your spouse enters the US, she will be issued a regular green card, good for 10 years. No need to file for removal of conditions.

In either case, she may apply for US citizenship 3 years after receiving her green card.

I think I understand now, thanks. I think it's best that I somehow cancel my current I-130 and file with the embassy here. I should qualify since I've been here over six months and now have a KITAS. So by taking the CR-1 path, which means file the I-130 again with the U.S. embassy here, she would get a green card at POE right? Good for 2 years? And then apply for AOS? According to an email from the embassy here, their process is expected to take six months to complete.

Do I send a letter to Chicago to cancel the I-130 or call? Would they refund my original fee?

[Kathryn41 3,205]

Thread moved from AOS from a family visa forum to CR-1/IR-1 forum as this is what the OP is currently pursuing. If OP decides to pursue DCF this thread can then be moved there.

[Justine+David 218]

If you are not working, have no prospects for making at least $24k, and little savings (talking about $80k or so), then you will probably need a co-sponsor, FYI.

[UnhappyVictimAmer 2]

You may just want the current I-130 petition to run its course. If you have the NOA1 already, you cannot refund the fee. If you are decided in pursuing DCF there, you may want to check first how fast they are able to process the I-130 at the US Embassy in Jakarta...also if it takes too long to put the brakes on the current petition, then you will have lost time as well as the fee you have already paid.

If you guys have been married for less than 2 years, after your spouse enters the US, she will be issued a conditional green card, good for 2 years. Within 90 days before her conditional green card expires, she must apply for removal of conditions.

If you guys have been married for 2 years or more, after your spouse enters the US, she will be issued a regular green card, good for 10 years. No need to file for removal of conditions.

In either case, she may apply for US citizenship 3 years after receiving her green card.

We have been married for about 6 months. I'm not sure what to do now. I really hate to take a risk and make things take even longer but on the other hand I'm worried about getting the process done living over here and not in the U.S. Is that even possible? I'm going to try and talk to someone at the embassy tomorrow. I'm going to need a co sponsor (my mom) if they won't accept me being unemployed but my taxes will show an income above 125%. Not enough assets to get above 125% for three years with 4 household members. (two children from another marriage, one is now over 18 but from what I read the age has to be over 21)

So filing the I-485 is out of the question? An attorney is the one that told me about this during a phone interview. Is he wrong? Maybe he was confused as to where we were living? I'm not cancelling I-130 petition filed in the U.S. until I find out the best thing to do.

Today was another surprise. We flew to Jakarta for the medical exam and vaccinations but they did not recognize the form I-693. They showed me another form that they said the embassy has them fill out regularly and it's updated June 2010 so I let them use that form since they seem to know the system. The doctor said that he can't give me a copy of what's in the sealed envelope. Only the lab results of the tests. I am told that the exam will be valid months from now for the interview and to pick up the envelope the day before it. The doctor said that even though I'm jumping ahead, there should be no problem. She had an xray and it looks clean. I'm not expecting problems unless he filled the form out wrong.

Thanks for all the help guys!

[marriedtomrg 141]

In the CR1 process (I say CR1 now because you guys have been married for less than 2 years...a CR1 visa is for spouses of US citizens that leads to a conditional green card after your spouse enters the US), your spouse does not undergo medical examination until much later in the process...and the I-693 is not used at all. The I-693 is for K visa holders who are adjusting from temporary resident status to permanent resident status; the form is filled out in th US by a designated Civil Surgeon, and is placed in a sealed envelope for submission with an I-485 application (for adjustment of status).

Here is a link to the EZ Guide for Spouses courtesy of one of the members, LotOfPatience; you should be able to follow where you are in the process. I suggest you give it a read then if you have any questions, feel free to do a search here, and if you cannot find the answer, post a question in this forum.

Based on what little information you have provided, you and your wife are still waiting for the NO2 approval notice for your I-130 petition. You may want to update your profile and your timeline so that other members may be able to help you better.

Even if you are currently unemployed, you still have to fill up an I-864 form; you will need a co-sponsor whose current income meets the 125% poverty guideline requirement. There are different I-864 forms depending on the petitioner and co-sponsor's situation...am sure the other members can help sort this out with you.

If you are planning to bring the children with you, the younger child (below 18) needs a separate I-130 petition filed; in this case, you may file the petition in a stepparent-stepchild relationship since you married this child's mom while the child was under 18 years old. The older child will have to be sponsored by his mother after she arrives in the US; you cannot file a petition for the older child because s/he was already over 18 when you married his/her mom.

We have been married for about 6 months. I'm not sure what to do now. I really hate to take a risk and make things take even longer but on the other hand I'm worried about getting the process done living over here and not in the U.S. Is that even possible? I'm going to try and talk to someone at the embassy tomorrow. I'm going to need a co sponsor (my mom) if they won't accept me being unemployed but my taxes will show an income above 125%. Not enough assets to get above 125% for three years with 4 household members. (two children from another marriage, one is now over 18 but from what I read the age has to be over 21)

So filing the I-485 is out of the question? An attorney is the one that told me about this during a phone interview. Is he wrong? Maybe he was confused as to where we were living? I'm not cancelling I-130 petition filed in the U.S. until I find out the best thing to do.

Today was another surprise. We flew to Jakarta for the medical exam and vaccinations but they did not recognize the form I-693. They showed me another form that they said the embassy has them fill out regularly and it's updated June 2010 so I let them use that form since they seem to know the system. The doctor said that he can't give me a copy of what's in the sealed envelope. Only the lab results of the tests. I am told that the exam will be valid months from now for the interview and to pick up the envelope the day before it. The doctor said that even though I'm jumping ahead, there should be no problem. She had an xray and it looks clean. I'm not expecting problems unless he filled the form out wrong.

Thanks for all the help guys!

[UnhappyVictimAmer 2]

Things are looking clearer now. Thanks for taking the time to explain it to me. The CR-1 is what I really should be going for and so far I think I'm going to stick with the filing of the I-130 in the U.S. instead of over here at the embassy. They replied to my email but did not answer my questions completely especially about how long would it take if I cancelled and started over with them or which way is best. They just said "

You can file another I-130 with our office, but you must cancel your I-130 application with the USCIS Office.

The process is faster in Indonesia compare to the U.S.

U.S. citizen petitioners who have been resident in Indonesia or Timor Leste continuously for the past six months and have a valid KIMS or KITAS are eligible to file an I-130 petition for an immediate relative at the U.S. Embassy in Jakarta. Please note that the Consulate General in Surabaya does not accept I-130 petitions, nor do they conduct immigrant visa processing or interviews. Individuals who are in Indonesia or Timor Leste on a temporary status, such as student or tourist, do not meet the residency standard.

To file the I-130 petition, the U.S. citizen petitioner must make a personal appearance at the Immigrant Visa Unit, Monday OR Friday from 08.00a.m.-11.00a.m.

Please bring the completed form and document to file the petition;

1. I-130 petition

2. G-325A (completed one set with your information and the other set with your spouse information)

3. Passport (you and your spouse; original and copy)

4. Birth Certificate (you and your spouse; original and copy)

5. Marriage Certificate (original and copy)

6. Divorce Decree (if applicable – you and your spouse; original and copy)

7. Fee of USD355.00 (payable only in Rupiah cash)

8. One photo of each"

Not only would this be a risk in making the process longer but it would cost me another application fee and air fair to fly to jakarta and back. I have a question about this though, can I complete the process from over here in this country even though I filed it in the U.S.?

In the CR1 process (I say CR1 now because you guys have been married for less than 2 years...a CR1 visa is for spouses of US citizens that leads to a conditional green card after your spouse enters the US), your spouse does not undergo medical examination until much later in the process...and the I-693 is not used at all. The I-693 is for K visa holders who are adjusting from temporary resident status to permanent resident status; the form is filled out in th US by a designated Civil Surgeon, and is placed in a sealed envelope for submission with an I-485 application (for adjustment of status).

Here is a link to the EZ Guide for Spouses courtesy of one of the members, LotOfPatience; you should be able to follow where you are in the process. I suggest you give it a read then if you have any questions, feel free to do a search here, and if you cannot find the answer, post a question in this forum.

Based on what little information you have provided, you and your wife are still waiting for the NO2 approval notice for your I-130 petition. You may want to update your profile and your timeline so that other members may be able to help you better.

Even if you are currently unemployed, you still have to fill up an I-864 form; you will need a co-sponsor whose current income meets the 125% poverty guideline requirement. There are different I-864 forms depending on the petitioner and co-sponsor's situation...am sure the other members can help sort this out with you.

If you are planning to bring the children with you, the younger child (below 18) needs a separate I-130 petition filed; in this case, you may file the petition in a stepparent-stepchild relationship since you married this child's mom while the child was under 18 years old. The older child will have to be sponsored by his mother after she arrives in the US; you cannot file a petition for the older child because s/he was already over 18 when you married his/her mom.

Edited January 8, 2011 by happynewlyweds