Moved to US on L1 after I130 case was approved

[Phsychyzed 0]

Hi,

I have an i130 approval through brother since 2009 but never completed the case as I wasn't able to move yet, I was at the stage where I had to submit the affidavit of support i864 and application for visa (ds260) but I never did. Earlier this year I moved to the US on an L1 visa and now I want to complete my case ASAP. From what I understand I no longer need the application for visa (which I already paid for) and instead I need to file the I485 along with the I864 with the medical reports and the bio form.

Any idea if I need to change my status with the NVC now that I'm applying for I485 ? given I'm already living in the U nowS, or do I just send them the I485 , I864 and the rest of the docs and they will understand. I tried calling them twice but they wouldn't understand my request of changing my status from consular processing to i485. I am worried that I send them the i485 and they won't understand why I sent it. Also any idea if I would get refunded for the $400 application for visa fees?

I hope there is someone on this forum who can help me here.

Appreciate your help! Many thanks.

[Darnell 8,479]

There's another address to send the I-485 'set' to,

so, prep all, include a photocopy of the I-130 approval notice,

and write a cover letter requesting the I-130 be joined up with the I-485.

Sure, you can contact NVC, but you might want to ask them exactly where the casefile is.

[Pitaya 2,577]

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

~AOS from L-1 Work Visa~

[Harpa Timsah 13,258]

Your brother petitioned for you? Approval is not the only thing you need. You will also need your priority date to be current. They are working on cases from 2001 or so now, when did your brother file for you?

Also, the I-485 is $1070, so if you send it in when you are not eligible, you will not be refunded.

Edited November 5, 2013 by Harpa Timsah

[Hypnos 6,578]

It doesn't sound as if you have a basis to file for AoS.

[Phsychyzed 0]

There's another address to send the I-485 'set' to,so, prep all, include a photocopy of the I-130 approval notice,and write a cover letter requesting the I-130 be joined up with the I-485.Sure, you can contact NVC, but you might want to ask them exactly where the casefile is.

Your brother petitioned for you? Approval is not the only thing you need. You will also need your priority date to be current. They are working on cases from 2001 or so now, when did your brother file for you?

Also, the I-485 is $1070, so if you send it in when you are not eligible, you will not be refunded.

It doesn't sound as if you have a basis to file for AoS.

Thanks I found the address for i485 ,which is a Chicago lockbox address. The last notice I received was from New Hampshire NVC , does that stop me from continuing my process if I sent the i485 set to Chicago lockbox?

My priority date is February 2002, which apparently was current 2 years ago and now retrogressed :-(', but I guess it still makes sense to file for the i485 and stand in line

Harps and Hypnos can you please clarify why I would not be eligible for the i485? The only thing changed is that I moved to US and live here now so instead of ds 230 I would believe I have to file for i485 and wait for my priority date to be current

[Hypnos 6,578]

You cannot file for AoS until your priority date becomes current. Presumably you are F4 (since you mentioned a brother) which right now is at August 2001, meaning you have a wait of a few months depending on how quickly it's moving. You must remain in status at all times in order to be eligible to file for AoS at the appropriate time.

[kzielu 1,152]

but I guess it still makes sense to file for the i485 and stand in line

Harps and Hypnos can you please clarify why I would not be eligible for the i485? The only thing changed is that I moved to US and live here now so instead of ds 230 I would believe I have to file for i485 and wait for my priority date to be current

No - it actually makes absolutely no sense, you'll only loose money. You file I-485 after you priority date becomes current.

[Phsychyzed 0]

You cannot file for AoS until your priority date becomes current. Presumably you are F4 (since you mentioned a brother) which right now is at August 2001, meaning you have a wait of a few months depending on how quickly it's moving. You must remain in status at all times in order to be eligible to file for AoS at the appropriate time.

No - it actually makes absolutely no sense, you'll only loose money. You file I-485 after you priority date becomes current.

Can you please confirm where that is written? from what i read that they still process the application and confirm that all the papers are complete then they put the case on hold until priority date is current and visa is available, please see quote below

"The USCIS reviews I-485 applications even if the priority date is not current. If there are problems with the case, a request for evidence (RFE), notice of intent to deny (NOID), or a denial could be issued. If the case is proper and complete, the USCIS will place it on hold and, unless something changes for the worse in the case, it should be approved once a visa number becomes available."

[Hypnos 6,578]

From the I-485, part 2, a:

"An immigrant petition giving me an immediately available visa number that has been approved (Attach a copy of the approval notice...)" (emphasis mine).

Since the priority date isn't current then the petition would not give you an immediately available visa number, ergo you cannot file for AoS until the priority date is current.

What you described above is what happens when the priority date of the supporting petition regresses mid-application, i.e. their priority date was current when they filed, but then regressed at some point afterwards. The priority date must be current at the time you file the I-485 though, and yours isn't, meaning that you cannot file it yet.

Given how F4 is moving then I would imagine yours will become current around the middle of next year. Since L-1s are dual-intent then you should have no issue departing and re-entering the US in the meantime.

Edited November 6, 2013 by Hypnos