Doubts about I-485 form?

[terisathomas 0]

I have the notification that on Dec 31, 2015, the I-130 package was received but nothing has changed or updated since then. I am reading the USCIS website and it says that the I-485 packet may be submitted as soon as the 130 packet has been received and I have a valid receipt number. But when I read the 485 form and attached instructions, it asks to check a box for the reason of adjustment of status. These include

-an immigrant petition give me (my husband in this case) an immigrant visa that has been approved (if I understand it, this box wouldn't apply at I130 receipt)

-my spouse applied for adjustment of status or was given permanent residence (also not true)

then the rest of the options include K1, those granted asylum, Cuban resident, continuous resident of the US, or "other basis of eligibility".

Would I include some information and write something about the I130 receipt?

I'm starting to get nervous that I haven't received notification that it hasn't been processed. Advice? Thanks,

Tee

[mallafri76 1,012]

You've posted in the CR/IR-1 forum, which should mean that the foreign spouse is still abroad and that you're petitioning to have the foreign spouse be allowed to immigrate to the US to be with you. If this is the case then the i-485 is NOT for you.

If the foreign spouse is already in the US with you then you are adjusting status, which means you're in the wrong forum and yes, you would file the i-485.

Please fill in your timeline. It will make it easier for others to help you and it will also help with the statistics for this website.

Edit: If you're in the CR/IR-1 process and you received your NOA1 on December 31st, your petition will be reviewed and you'll have an answer within 5 to 6 months.

Edited February 10, 2016 by mallafri76

[NikLR 13,232]

Is the foreign beneficiary in the USA or abroad?

[terisathomas 0]

Okay then, he is currently abroad. He'll be here for a visit on a B1 visit during this processing but will return to Uruguay for processing. In that case, it sounds like the 485 doesn't pertain to me. I just keep feeling like there are things I should be doing to prepare but he has requested official copies of everything in Uruguay like birth and marriage certificate (where we were married) and his clean police certificate. I haven't done the affidavit of support yet as I understand this comes later right?

I will work on my timeline. Thanks.

[mallafri76 1,012]

Yes the affidavit of support comes at NVC, that's about four months away, give or take a month. But yeah, you can definitely start preparing for the next phase already, like your husband's doing with his paperwork and you can also start looking at the i-864 (affidavit of support). Don't get the police cert too early though because usually US immigration wants it to be valid for at least three months after the visa interview.

You said he has requested the marriage cert from Uruguay where you got married. But you already enclosed a copy of this with your I-130 petition to USCIS, right?!

[NikLR 13,232]

Okay then, he is currently abroad. He'll be here for a visit on a B1 visit during this processing but will return to Uruguay for processing. In that case, it sounds like the 485 doesn't pertain to me. I just keep feeling like there are things I should be doing to prepare but he has requested official copies of everything in Uruguay like birth and marriage certificate (where we were married) and his clean police certificate. I haven't done the affidavit of support yet as I understand this comes later right?

I will work on my timeline. Thanks.

The USCIS stage is hard because its opaque and you have zero control. You just have to wait for them to contact you within the next 4-6 months. The I-485 does not apply to your situation.

[terisathomas 0]

The USCIS stage is hard because its opaque and you have zero control. You just have to wait for them to contact you within the next 4-6 months. The I-485 does not apply to your situation.

I just needed someone to say exactly what you just said above, thank you very much. What a weird community that you never think you'll be a part of but that somehow bonds together. Thank you guys, it really helps the anxiety.