Really need advice, filed wrong form?

[acer925 0]

Hi guys,

In a bit of a mess here. I'm married to my Canadian wife (I'm US citizen), and we are living in the US as of April 2013. She moved here from Canada, and we got married two months later in June 2013 here in the US. We didn't file anything before she came to live with me, but after we married here in the US, we filed an I-130. I just spoke to an attorney and he said he thinks I could've filed a K-1 or adjustment of status as he kept saying, and she could've had her work permit probably 2 months after she moved here and we got married. It's been 7 months since we filed the I-130 back in June now. He said something about possibly retracting the I-130 but he couldn't give me any more info without wanting me to come in and charge me $100 for a consult. Someone please help me out here, did I file the right form? I also heard of people working in 3 months after coming here so I'm thinking we filed the wrong form since we were already Married and living in the US. I can't say how grateful I'd be for a response, as this has taken it's toll on her patience. I thank in advance whomever takes the time to help me out.

[Merrytooth 5,748]

http://www.visajourney.com/content/i130guide2

Since you already filed I-130, you need to file I-485 form too..

Attach the I-130 NOA1 to the I-485 form package (See the Assembling the I-485 Package: Checklist)

[dwheels76 5,469]

Hi guys,

In a bit of a mess here. I'm married to my Canadian wife (I'm US citizen), and we are living in the US as of April 2013. She moved here from Canada, and we got married two months later in June 2013 here in the US. We didn't file anything before she came to live with me, but after we married here in the US, we filed an I-130. I just spoke to an attorney and he said he thinks I could've filed a K-1 or adjustment of status as he kept saying, and she could've had her work permit probably 2 months after she moved here and we got married. It's been 7 months since we filed the I-130 back in June now. He said something about possibly retracting the I-130 but he couldn't give me any more info without wanting me to come in and charge me $100 for a consult. Someone please help me out here, did I file the right form? I also heard of people working in 3 months after coming here so I'm thinking we filed the wrong form since we were already Married and living in the US. I can't say how grateful I'd be for a response, as this has taken it's toll on her patience. I thank in advance whomever takes the time to help me out.

Okay I have to comment. OMG your lawyer has no business being an immigration lawyer.

You filed the correct form but you are missing some others mainly the I-485 which is the adjustment of status.

How vapidly idiotic can he be to say retract the I-130 and do what unmarry? You either are married or not. If you weren't you couldn't have filed a K1 within the US. Your wife would have had to leave, than you file and wait months for her to be approved than you would have had to marry within 90 days. Goodness.

Just Get the I-485 together so you can get that EAD (to work of course) in about 3 months or less. Be sure to attach your Receipt notice of your I-130 (I-797) so they can be joined up together.

Don't worry you are on right tract just get that stuff in and read up what Merrytooth attached. SMH

[acer925 0]

Thanks guys,

My only question is, if they request more information for my I-130, my i-485 is still valid right? I know that if for some reason the I-130 is rejected then you don't get the fee back for the I-485, but I don't think that's an issue because I probably would've gotten a rejected notice by now. So I guess I will be filing the 485 ASAP with the I-130 receipt info attached. Do I send it to the same exact address that I sent the I-130 to? Should I write anything extra on the envelope or just send as supposed to be but just attach the I-130 receipt info? I really appreciate it you guys, both of you. This is helping me immensely.

[dwheels76 5,469]

Thanks guys,

My only question is, if they request more information for my I-130, my i-485 is still valid right? I know that if for some reason the I-130 is rejected then you don't get the fee back for the I-485, but I don't think that's an issue because I probably would've gotten a rejected notice by now. So I guess I will be filing the 485 ASAP with the I-130 receipt info attached. Do I send it to the same exact address that I sent the I-130 to? Should I write anything extra on the envelope or just send as supposed to be but just attach the I-130 receipt info? I really appreciate it you guys, both of you. This is helping me immensely.

You should write a coverletter with attached I-797 form from the I-130 petition and just say you forgot to file I-485 and to marry them up. Now you did read the link right and see the other forms and other things you need to attach i.e. I-864 (soooo important).

Reread the link again just so you know whats up. http://www.visajourney.com/content/i130guide2 Because where to send and everything is all there.

If the passport is the wrong size you would get an RFE not a rejection.

Just FYI iof you didn't know.

I-485 | Application to Register Permanent Residence or Adjust Status | Form Fee: $985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security.

Edited January 3, 2014 by dwheels76

[Merrytooth 5,748]

If I-130 is rejected, then the I-485 is useless(You won't get your money back), because you are filing I-485 Adjust of Status on the basis of a petitionable relationship (spouse of US Citizen) which the I-130 is for.

If USCIS needs more information for your I-130, USCIS will send you Request For Evidence (RFE) letter. And You need to respond appropriately.

I hope you did send in enough evidence documents for the I-130 (Assembling the I-130 Package: Checklist )

http://www.uscis.gov/i-485-addresses

where to send the I-485:

USCIS
PO Box 805887
Chicago, IL 60680-4120

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[acer925 0]

You should write a coverletter with attached I-797 form from the I-130 petition and just say you forgot to file I-485 and to marry them up. Now you did read the link right and see the other forms and other things you need to attach i.e. I-864 (soooo important).

Reread the link again just so you know whats up. http://www.visajourney.com/content/i130guide2 Because where to send and everything is all there.

If the passport is the wrong size you would get an RFE not a rejection.

Just FYI iof you didn't know.

I-485 | Application to Register Permanent Residence or Adjust Status | Form Fee: $985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security.

Thanks man,

I just got a notice in the mail today along with the i-797c form. The notice says supplement to I-130 transfer notice and says bc of delays their transferring all immediate relative cases from National Benefits Center to the Nebraska, Texas, and California service centers. Mine is going to Texas. It says if I don't receive a decision or other notice of action within 60 days to please call customer service or submit an inquiry online.

So now should I still send in the i485 with i797c? Thanks in advance, much appreciated!

-Anthony

[dwheels76 5,469]

Thanks man,

I just got a notice in the mail today along with the i-797c form. The notice says supplement to I-130 transfer notice and says bc of delays their transferring all immediate relative cases from National Benefits Center to the Nebraska, Texas, and California service centers. Mine is going to Texas. It says if I don't receive a decision or other notice of action within 60 days to please call customer service or submit an inquiry online.

So now should I still send in the i485 with i797c? Thanks in advance, much appreciated!

-Anthony

You have to file the I-1485 unless your wife plans to return to her country to interview. Right niw your I-130 is being treated as a stand alone petition. You need to adjust status dear or you will make it worst down the road.

If you want to just stay the course than she will have to leave the US and go to her country for interview.

[acer925 0]

You have to file the I-1485 unless your wife plans to return to her country to interview. Right niw your I-130 is being treated as a stand alone petition. You need to adjust status dear or you will make it worst down the road.

If you want to just stay the course than she will have to leave the US and go to her country for interview.

Thanks for the reply, on the form it asks date of last arrival and current USCIS status, she's been here since April 2013 as a visitor, we just drove over. Is that okay or is she not supposed to stay past 6 months? Just not sure how this will effect the 485 application? Thanks

Anthony

[acer925 0]

It also asks why she'd be applying for it, and none of the answers match up. The only one would be entered as a K1 fiancé of a US citizen with whom married within 90 days. But she just came as a visitor. I've got a bad feeling we did this wrong. Thanks

-Anthony

[Terry J 50]

It also asks why she'd be applying for it, and none of the answers match up. The only one would be entered as a K1 fiancé of a US citizen with whom married within 90 days. But she just came as a visitor. I've got a bad feeling we did this wrong. Thanks

-Anthony

The answer in your case is actually A. You have an immigrant petition (I-130) pending that if approved would give you an immediate visa number.

Secondly, even if your wife has overstayed past the usual six months that we Canadians get, it will be overlooked as she is married to you; a USC.

Don't worry about that.

Just file the I-485 along with the other forms such as the I-765 (EAD - work permit) and I-131 (Advance Parole - authorization to travel while the green card is pending but in your wife's case it may not ideal to use in the event she did overstay). You will also need to submit the I-693 (Medical) and she'll have to visit an authorized civil surgeon to complete the medical exam.

Finally do NOT waste the money to go see that particular lawyer..

[Darnell 8,479]

hey there.

in your exact situation,

USUALLY a photocopy of the I-797 is sent in,

along with the I-485, medical exam, fees, I-131 and I-765 (fees waived for these 2 forms when filing the I-485)

to

the address in the I-797, as the two things need to be joined up.

Now that you have a transfer notice, and still haven't sent off the I-485 'set',

refactor a bit,

and send off the I-485 'set' to this new address in the transfer notice.

include a copy of the transfer notice, and a cover letter explaining what you're doing and the list of forms you're including...

Go Get Em, and Good Luck !

Edited January 7, 2014 by Darnell

[acer925 0]

hey there.

in your exact situation,

USUALLY a photocopy of the I-797 is sent in,

along with the I-485, medical exam, fees, I-131 and I-765 (fees waived for these 2 forms when filing the I-485)

to

the address in the I-797, as the two things need to be joined up.

Now that you have a transfer notice, and still haven't sent off the I-485 'set',

refactor a bit,

and send off the I-485 'set' to this new address in the transfer notice.

include a copy of the transfer notice, and a cover letter explaining what you're doing and the list of forms you're including...

Go Get Em, and Good Luck !

Thank you for the response. Just a couple questions, do we have to file the I-131 for travel purposes if she's already in the US married to me? Also, are you sure I should definitely send all this stuff to the address listed on the 707-c receipt they gave me? Thank you!

[acer925 0]

Last question, does she have to see a civil surgeon or can it be a regular doctor? Thank you

-Anthony