I'm lost to how long things will be and what the next process is

[Ian H. 207]

So you're telling me that you sent an I-130 with a $420 fee and the I-485 with a $1070 fee? If so that is $1k you are not going to get back. Didn't you read the instructions on the I-485 that it's for persons currently in the US? USCIS should have reject the I-485 and returned you the fee, but I guess they would much rather make the quick buck.

That's the part I don't understand. That's what I thought about the I-485 as well but the embassy have me specific instructions to which ones to file. Omg I'm lost lol
No he has neither of them.

[belinda63 3,038]

If he is in Algeria waiting for a visa to come to the US you should have followed the guide for the I-130. No I-485 was needed since that is to adjust status if he is inside the US. You need to wait about six months or so for the I-130 to be processed then it will be sent to NVC. At that point you will provide your income information.

Please, please read the guides as to what to do and what is next.

[Faridanni 0]

Ok thanks for the help. It's much appreciated

[Ian H. 207]

I don't think they would bother with an RFE, they would just deny the application once they see he's not even in the US.

The I-485 is to adjust status if you are already in the US. At this point, you just need to wait for them to either approve you or send an REF . There is nothing to send in until they ask for it.

[kzielu 1,149]

That's the part I don't understand. That's what I thought about the I-485 as well but the embassy have me specific instructions to which ones to file. Omg I'm lost lol

No he has neither of them.

Well,

You just wasted $1070 for your I-485. Forget about it. Your I-130 will probably get approved, your I-485 will most likely get denied (I wonder how it has been filled and whether I-693 or I-864 has been sent with it) and you will have to continue with consular processing.

Please look at the guides at the top of the page because you have not quite the right understanding of the processes.

[Ian H. 207]

I just feel bad that the OP paid all that money for nothing. I thought that USCIS would just reject the application in a situation like this.

[Faridanni 0]

No I only sent the 420$ with the papers and I was just following what the lady had told me on which papers to file. Lesson learned.

[Ian H. 207]

Ok. That's good. What lady are you talking about? Also, as mentioned above, read the guides on here about what steps to take and how the process work, they are really helpful. Also do your own research on Google about the process. I will post a few links:

http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

http://www.visajourney.com/content/i130guide1

No I only sent the 420$ with the papers and I was just following what the lady had told me on which papers to file. Lesson learned.

[Faridanni 0]

Thank u very much. I will definately check them out.

[*Snowdrop* 604]

Because you are in the US and your husband is in his home country you are following a three-part process to get him a CR1 visa to enter the country with which will become his green card on entry (followed shortly by the real physical green card)

Here is the guide from this site which shows you the steps and the forms needed and also what to send with each form:

http://www.visajourney.com/content/i130guide1

The three steps are: (I'm just providing the basics - please please please read the guide link I provided to make sure you have followed all the details)

1. To USCIS - this is where you are now. It's not unusual for this stage to take many months - 5-10 months even. You should have received a notice of receipt - usually referred to here as an NOA1 - a few weeks after you sent your forms in. Did you? Then you are waiting for the next notice - referred to as NOA2 on here. At this point if you get approved you move onto

2. The NVC - here is where you will send in information about your ability to financially sponsor your spouse

3. Finally everything makes its way to the Embassy or Consulate in your spouse's home country - there will be a medical and an interview.

Each stage can take many months and even after a successful interview there can be delays for more security and name checks. You need to do some research to have a general awareness of average times for each stage (they change from month to month) so that you can assess whether you are on track or there is something wrong and you need to start chasing up where your file is.

Now because you sent in the wrong form with your I-130 you may have confused USCIS and make them think your husband is in the US and you are trying to adjust status. Or they may realise that you made a mistake and just ignore the I-485 and let you continue on as normal.

At this point I would double check I had the NOA1 which gives you a tracking number for your particular case. Then read the guide above and double check you sent in everything you were supposed to along with the I-130.

[LoveMyTico 999]

Have you tried to call the USCIS? If you filed the I-130 with the $420 fee and the I-485 without a fee, they may reject both or continue with the file that they got the fee for. If you haven't heard anything, you should try and call just to make sure everything is fine. Some people get REF's and never get a notice. Did you include your email and cell number for notifications?

[Faridanni 0]

I just called USCIS and told them what happened. She said I need to go to the nearest office and explain to them so they can cancel out the I-485. Yes I got a receipt for the I-130 papers. The woman I spoke with mentioned she couldn't find an adress to the TSC otherwise I could write them explaining it would be no problem.

[nabil451 4]

I just called USCIS and told them what happened. She said I need to go to the nearest office and explain to them so they can cancel out the I-485. Yes I got a receipt for the I-130 papers. The woman I spoke with mentioned she couldn't find an adress to the TSC otherwise I could write them explaining it would be no problem.

you need to fix this mistake ASAP , USCIS will think your husband is there which he is not actually , so call or make info pass to avoid any confusion in your I130

[Faridanni 0]

I fixed it. The woman I spoke with a second time said that seeing I petitioned for the I-130 for him and have already sent me the receipt they will catch the error or already have and will send back the other papers. She documented what was going on. I sent an email to the TSC as well explaining the mix up stating I contacted the USCIS so there is no confusion that he does live abroad and waiting for his apointment date.

Thanks everybody for the help. Ur all awesome

[jkelly07 120]

so glad you have it fixed. so many people get mixed up with aos affidavit of support and AOS adjustment of status.you filed the 1-485 means the person in in the us you file 1-130 an 1-485 together. it's a good thing you had it fixed.

so glad you have it fixed. so many people get mixed up with aos affidavit of support and AOS adjustment of status.you filed the 1-485 means the person in in the us you file 1-130 an 1-485 together. it's a good thing you had it fixed.