Filed I-130 and prepared to file I-485

[hz2013 1]

Hey folks,

I am a USC and have filed I-130 for my wife who is currently F1 in the US. I have the receipt notice for the 130 but it has not been approved. I'm now am thinking of filing I-485. I have a few questions, and appreciate any help.

1. My wife is pregnant. I heard you cannot do the medical examination for 485 for pregnant women. So do I need to wait until the baby is delivered before I can file 485? Or I can send in the medical examination report later?

2. In part 2 of I-485, it asks for Application Type. I think I should choose 1, which says "An immigrant petition which gives me an immediately available visa number ...", but then it asks for the approval notice. I know I can file I-130 and 485 concurrently, but how do I pick the application type here? Or should I pick the last item which says "Other"?

3. Last, my wife's F1 status will probably expire later this year. Is it OK as long as we file I-485 before that?

Thank you for your response!

[newacct 688]

1. I believe you can do it when she's pregnant. I believe that the civil surgeon will skip the ones that are not recommended for pregnant women.

2. Why did you file the I-130 and I-485 separately? You should have filed them concurrently. There is basically no reason or benefit to filing them separately in your case.

I'm not too sure about this one. I agree that it makes sense to put "a", but it technically doesn't meet the conditions of "a". I believe that you would put "a" and then attach the I-130 receipt.

3. Yes. Even if you file it after it expires, it doesn't matter.

[hz2013 1]

1. I believe you can do it when she's pregnant. I believe that the civil surgeon will skip the ones that are not recommended for pregnant women.

2. Why did you file the I-130 and I-485 separately? You should have filed them concurrently. There is basically no reason or benefit to filing them separately in your case.

I'm not too sure about this one. I agree that it makes sense to put "a", but it technically doesn't meet the conditions of "a". I believe that you would put "a" and then attach the I-130 receipt.

3. Yes. Even if you file it after it expires, it doesn't matter.

Thank you.

For 2, I just thought I could file I-485 any time. I hope I didn't make some big mistake.. Just checked the instruction, which says:

A. Spouse, ... of a US citizen with an approved form I-130 or I-130 filed together with this form I-485 (Part 2, Box "a" on the form)

So, I think I should still pick "a" and technically it's still a concurrent filing...guess I'll call them up and check.

For 3, I think the instruction says this:

You are ineligible to file ...

D. Your authorized stay expired before you filed this application

But it's a bit contradictory to:

F. You failed to maintain your nonimmigrant status, unless ... you are applying because you are 1. an immediate relative of a US citizen

So I am a bit lost here..

Thanks again.

[newacct 688]

For 3, I think the instruction says this:

You are ineligible to file ...

D. Your authorized stay expired before you filed this application

But it's a bit contradictory to:

F. You failed to maintain your nonimmigrant status, unless ... you are applying because you are 1. an immediate relative of a US citizen

So I am a bit lost here..

Thanks again.

Hmm... yes it's contradictory and D is wrong. An immediate relative of a U.S. citizen, as long as they entered legally, can file, no matter how long they've been out of status.

[Pitaya 2,577]

~~Moved from AOS Family-Based to AOS Work, Student & Tourist Forum~~

~Immigrant has F-1 Visa~

[Hypnos 6,578]

1) Your wife can go ahead with the medical, they will know that certain parts of it cannot be done whilst she is pregnant. These may need to be done down the line (mostly vaccinations).

2) A. Attach a copy of the NOA for the I-130 you already filed on her behalf. Your existing I-130 will then be matched up with the new I-485 and will proceed as a concurrent filing.

3) Yes. Once you file an I-485 then you are in a period of authorised stay which persists until it's adjudicated.

Edited July 25, 2013 by Hypnos

[Harpa Timsah 13,258]

It's A. Read through all the commas.

Edited July 25, 2013 by Harpa Timsah

[hz2013 1]

Called USCIS (their customer service is pretty good these days and I got connected almost instantly) and confirmed it's 'A' and I just need to attach the receipt notice of I-130.

Thanks for all the replies.

[newacct 688]

It's A. Read through all the commas.

Well, he is not attaching an approval notice, nor is he attaching a petition, so he does not technically satisfy the conditions of A.