Need some good advise, please read this posting

[Harpa Timsah 13,258]

Okay Kevin, Per your timeline, we have confirmed that you followed the rules of K-1 visa to a perfect "T" and were not required, nor meant to file a I-130 at all. You could have just filed the I-485 based on your approved I-129F and that's it. The process would have taken about 4 months. But okay, mistakes happen. If I were you, since the I-485 check has been cashed, and your senator has checked into the delay, that is the proof you are in the USCIS system. I would make an INFOPASS appointment at your local office and inquire about the hold up with a real live person. Since you were approved for K-1, no additional background checks should be needed, one would think, since your background was checked for the K-1 visa. Have you had biometrics (fingerprints) for the I-485? Good luck.

[Darnell 8,479]

But our check for I-485 was cashed back in March of 2010, my senator already called California Service Center, they said the case for I-485 is pending for back ground, so i guess by filing I-130 and getting it approved, it did not hurt or affect my I-485 application, and i guess its under initial review as it says on USCIS web site. I am affraid if i call immigration, they will be more confused, not sure what to do

Sorry - the one bit that apparently no one has explained to you (myself included)

is that

USUALLY - the I-485 is 'held' until the I-130 is approved. Since all is now confused - YOU need to resolve it.

Best to call to USCIS, get a Tier 2 human (bully yer way through the Tier 1 human, it's their job to not give you a Tier 2 human) and then explain in some detail what's going on - remind them it's an AOS from a K-1 visa, and you concurrently filed the I-130 in error.

Can you do that now, whilst that office is open?

Please?

Purty Please with laksa on it?

--

Harpa Timsah - normally, I would agree with anyone suggesting an infopass appointment - but for this type of 'procedural error' - it can be resolved over the phone with a Tier 2 Human - who can do, actually, MOST of what an IO at local USCIS office can do, over the phone at his/her terminal.

Edited January 19, 2011 by Darnell

[JimVaPhuong 4,863]

Do you have a copy of the I-485 you filed? Which basis for adjustment of status was checked in section 2? Was it 'a' or 'c'? If it was 'c' then you have severely confused USCIS by filing an immigrant visa petition concurrently with an AOS petition based on a non-immigrant K1 visa.

I'll forgive the customer service rep who gave you the wrong advice. They are notorious for this. However, there's no excuse for the attorney advising the same thing. He's an idiot who caused an unnecessary delay in your case.

[coraliesolms 47]

Wow... what a botch-up. I certainly hope that you get all of this resolved!

[kevin2010 0]

I called INS office last night, i told them i filed I-130 & I-485 at the same time, operator told me that all is good and i actually should have filed I-130, i am a little confused, she also mentioned that my case is still pending for

I-485,

i believe INS was waiting for my I-130 to be approved first, maybe i did not have to file it, but i did, and maybe now they will process my I-485, and at this time i dont think i should be calling them again? i dont thik they could process my i-485 before getting approval of my I-130? eventhough i had one approval before? am i correct by saying this?

Thank you all for your

Wow... what a botch-up. I certainly hope that you get all of this resolved!

[Nich-Nick 3,354]

Kevin--

There are many, many foreigners in the US on work visas, student visas, etc. who have lived and worked in the US for years. When they meet and marry an American, they file the I-130 petition together with the I-485 to get a green card based on their marriage.

You are different because you have already done the "petition" step with the I-129F petition. You only had to marry and file the I-485. You don't have to "petition" again with the I-130. It is possible that you are not explaining your situation well when you call INS. Most of the I-485s come from people who were in the US for a long time working or studying so most of their callers file both. I think INS is not understanding that your visa was K1 and you have different rules if they tell you filing I-130 is right. If you called and said "I filed I-130 and I-485" they think you are like the thousands on work visas who marry Americans so they may not give you the fiance visa information.

Everybody that has told you on here that you should not have filed I-130 is correct. Your case is probably held up because you mixed up the processes.

[kevin2010 0]

I did tell the immigration officer my wife came here by K1 visa, however she insisted that i did ok, however i believe you guys are correct, but at this time there is not much i could do till i hear something from their office. I have a good receipt number from Ins office on my I-485 case, and finger print is completed last year. I will need to follow up with them maybe in two weeks time. Thank you.

Kevin--

There are many, many foreigners in the US on work visas, student visas, etc. who have lived and worked in the US for years. When they meet and marry an American, they file the I-130 petition together with the I-485 to get a green card based on their marriage.

You are different because you have already done the "petition" step with the I-129F petition. You only had to marry and file the I-485. You don't have to "petition" again with the I-130. It is possible that you are not explaining your situation well when you call INS. Most of the I-485s come from people who were in the US for a long time working or studying so most of their callers file both. I think INS is not understanding that your visa was K1 and you have different rules if they tell you filing I-130 is right. If you called and said "I filed I-130 and I-485" they think you are like the thousands on work visas who marry Americans so they may not give you the fiance visa information.

Everybody that has told you on here that you should not have filed I-130 is correct. Your case is probably held up because you mixed up the processes.

[Darnell 8,479]

I called INS office last night, i told them i filed I-130 & I-485 at the same time, operator told me that all is good and i actually should have filed I-130, i am a little confused, she also mentioned that my case is still pending for

I-485,

i believe INS was waiting for my I-130 to be approved first, maybe i did not have to file it, but i did, and maybe now they will process my I-485, and at this time i dont think i should be calling them again? i dont thik they could process my i-485 before getting approval of my I-130? eventhough i had one approval before? am i correct by saying this?

Thank you all for your

I give up.

I used specific language - you called and did something else.

OK !

[SunDrop 59]

I did tell the immigration officer my wife came here by K1 visa, however she insisted that i did ok, however i believe you guys are correct, but at this time there is not much i could do till i hear something from their office. I have a good receipt number from Ins office on my I-485 case, and finger print is completed last year. I will need to follow up with them maybe in two weeks time. Thank you.

Did you submit an I-693, I-131 or I-765 during all of this? I'm concerned now that it's been more than a year since she entered the US, and therefore more than a year since she underwent her medical, that they'll send an RFE for a new one.

You really shouldn't be as relaxed about it all as you are. You've been misadvised, paid unnecessary processing fees and your wife's status has been on hold for nearly a year! During this time, she's been just about non-existent as far as officials are concerned.

I hope you've been collecting evidence of a bona fide relationship for your interview, and can show the IO things like intermingling of finances...

Do you have the approval notice from the I-129F petition? I would get back in touch with your congressman if you don't get this resolved with the USCIS and demand appropriate assistance.

[kevin2010 0]

Thank you for your posting, i am going to make an appointment with a couple of attorneys. I will keep you guys posted. However i really do appreciate all your postings and concern. You guys are great. thank you.

Did you submit an I-693, I-131 or I-765 during all of this? I'm concerned now that it's been more than a year since she entered the US, and therefore more than a year since she underwent her medical, that they'll send an RFE for a new one.

You really shouldn't be as relaxed about it all as you are. You've been misadvised, paid unnecessary processing fees and your wife's status has been on hold for nearly a year! During this time, she's been just about non-existent as far as officials are concerned.

I hope you've been collecting evidence of a bona fide relationship for your interview, and can show the IO things like intermingling of finances...

Do you have the approval notice from the I-129F petition? I would get back in touch with your congressman if you don't get this resolved with the USCIS and demand appropriate assistance.