Pending I 485 Sponsored by parents

[lak 0]

I am US citizen. Recently married to my wife whose i 485 is pending for approval. Her parents sponsored as a dependent child. Now since we got married do we have to start whole process of I 130 and i 485 or just wait for past I 485 to be approved and avoid all paper work. Is there any time period to report to USCIS about our marriage. Thanks

[VanessaTony 3,567]

No. Yes. No.

[lak 0]

Thanks for your answer. we asked a lawyer and we were told to do new i 130 and new 485.

I am US citizen. Recently married to my wife whose i 485 is pending for approval. Her parents sponsored as a un married child. Now since we got married do we have to start whole process of I 130 and i 485 ? or just wait for past I 485 to be approved and avoid all paper work

If we file 130 separately, can we convert pending I 485 to immediate family category with out paying 485 fees and undergoing medcal tests.

Thanks

[milimelo 4,581]

Whatever is needed for regular I-130 and I-485 you will have to do and pay all the fees, medical exam as well.

[VanessaTony 3,567]

Why would you pay for a new I-130 and i-485 when her I-485 is already pending? I wouldn't bother unless her I-485 through her parents is denied.

Are you sure you don't mean her I-130 is pending? That would be a different situation.

[milimelo 4,581]

Why would you pay for a new I-130 and i-485 when her I-485 is already pending? I wouldn't bother unless her I-485 through her parents is denied.

Are you sure you don't mean her I-130 is pending? That would be a different situation.

If the family based preference visa category retrogressed as it has for F2A and F1, makes sense to do AOS through marriage instead of waiting - she still has to maintain lawful status in the US for parent's petition, she can be out of status for spouse petition.

[VanessaTony 3,567]

If the family based preference visa category retrogressed as it has for F2A and F1, makes sense to do AOS through marriage instead of waiting - she still has to maintain lawful status in the US for parent's petition, she can be out of status for spouse petition.

He said I-485 was pending, which means they're AOSing based on an approved I-130. That is different to a pending I-130 which is why I asked him to clarify, I-130 or I-485.

I-485 takes the same amount of time from spouse or family. It's the I-130 part that would take up the "waiting"

Edited January 7, 2012 by Vanessa&Tony

[lak 0]

Her I 130 has been sponsored by per parents long time ago and I 485 has been pending since last 5 years. she underwent her medical tests and went for interview and was told her priority date has been retrogressed. we waited for 1 year and date is moving slowly and we got married recently and I understand that I have to file I 130 but was just hoping that we can avoid filing another I 485 and under going tests

Thanks

[milimelo 4,581]

Her I 130 has been sponsored by per parents long time ago and I 485 has been pending since last 5 years. she underwent her medical tests and went for interview and was told her priority date has been retrogressed. we waited for 1 year and date is moving slowly and we got married recently and I understand that I have to file I 130 but was just hoping that we can avoid filing another I 485 and under going tests

Thanks

You definitely have to pay for it all again - it's based on marriage to USC, you can't just transfer AOS. Besides. medical expires after a year, she needs a new one anyways.

[Deputy Purple 1,294]

What is her Priority Date and where are they for her category?

It just might be quicker to AOS her as your spouse if you expect it to take more than 6 months for her Priority Date to become current.

[VanessaTony 3,567]

Her I 130 has been sponsored by per parents long time ago and I 485 has been pending since last 5 years. she underwent her medical tests and went for interview and was told her priority date has been retrogressed. we waited for 1 year and date is moving slowly and we got married recently and I understand that I have to file I 130 but was just hoping that we can avoid filing another I 485 and under going tests

Thanks

Yeah.... no. You're going to have to file the I-130/I-485 package. She'll need a new medical because all that is expired now.

[lak 0]

Thanks for reply. I 130 was filed by her parents in 2005, category F1 and approved in 2005. She came to US on F1 visa in 2007. Her I 485 has been filed in Dec 2010 and Medical tests were done in Dec 2010. Her finger prints were done in Jan 2011. She went for interview in April 2011 and was told that file is complete but not officially approved as she does not have visa number available because of retrogression and her file has been sent to main office of national benefit center. We waited for about 8 months to get her official approval and her case status was showing still has I 485 Pending, she applied for EAD in NOV and she got approved for 2 years and no finger printing was asked and no medical reexamination was asked till now. We got married in Dec 2011.

[Fifth Echelon 6]

The F1 category is currently at a priority date of 22 December 2004, and has been moving at a rate of approximately 2 months every month. What is her exact priority date? If it is close (say, March 2005), then it doesn't make sense to file a whole new I-130/I-485 packet, especially since she has an EAD which allows her to work. If it is a late 2005 priority date and if you believe the additional expense (medical, filing, etc) and paperwork is worth it, then go ahead and fine the I-130/I-485.

Note that if you go down this route, you could potentially run into some issues. I recall reading in another thread that somebody with an employment based I-485 tried adjusting with a marriage based I-130/I-485. The I-130 was approved but the marriage based I-485 was put on hold until the employment based I-485 could be cancelled. If this happens to you, then in an attempt to save a few months, you might actually lengthen the process. Again, it does depend on what exactly her priority date is.

(This is assuming she is not Mexico and Philippines born, which have a much longer wait for F1 priority dates)

Edited January 15, 2012 by Fifth Echelon

[lak 0]

Thanks for reply. She is from India and her Priority date is Nov 2005. we do not mind waiting for few months , but our worry is that it might be fraud for not informing USCIS about our marriage. Since her parents sponsored based on her unmarried child status and now since she got married we are worried that while I 485 becomes invalid now. If want to inform the uscis, what is the best way them about our marriage ?

Thanks

[Harpa Timsah 13,258]

It means her priority date retrogressed even more. It moved from F1 (April 2004) to F3 (Nov 2001) category. They will find out your are married, for sure. To try to lie about it will result in a lifetime ban. Furthermore, how is she here legally? Illegal presence is not forgiven for adult children of USCs, but it is for spouses.

Just file the I-130/I-485 packet as spouse, as indicated above.

Edited January 15, 2012 by Harpa Timsah