Question

[nyokie 572]

We filed I-130 last year September 16,2016. 

 

I live Bahamas and my husband live in Texas he is US Citizen.

 

 

We got RFE in April, they received it.

 

We got another RFE June 6, 2017 they wanted my husband and I passport pictures and I-485 form and we sent it June 23,2017

 

 

We still waiting for I-130 to approve.

 

 

 

My question is since we had to sent we just mail out the I-485 do we have to wait another 8 to a year for that to be approved before the I-130 can be approved?

 

have this happened to anyone if so can you please share thanks.

 

Edited September 20, 2017 by nyokie

[pushbrk 12,884]

If you are not living in the USA, they would not request an I-485.  Is there some reason they might think you live in the USA already?

[nyokie 572]

1 hour ago, pushbrk said:

If you are not living in the USA, they would not request an I-485.  Is there some reason they might think you live in the USA already?

That the same thing I said why should I filed that if an living in the Bahamas. They should know am in the Bahamas cuz we fill the forms out.

 

 

i don't know if this is something new or what.

[pushbrk 12,884]

26 minutes ago, nyokie said:

That the same thing I said why should I filed that if an living in the Bahamas. They should know am in the Bahamas cuz we fill the forms out.

 

 

i don't know if this is something new or what.

It is not new.  If you are in the Bahamas and wish to apply for a visa, then you would not provide an I-485.  However, it is possible your spouse made a mistake on the I-130 or that USCIS made a mistake in reading it.  I hope your spouse didn't pay the $1,225 I-485 filing fee.  

 

Look at item 22 of the I-130 and tell me how exactly that was completed?  There's a place for city and state on the left side and on the right side.  What is entered on the left side of item 22?  It should be blank, none or N/A (Not Applicable).  

 

[nyokie 572]

51 minutes ago, pushbrk said:

It is not new.  If you are in the Bahamas and wish to apply for a visa, then you would not provide an I-485.  However, it is possible your spouse made a mistake on the I-130 or that USCIS made a mistake in reading it.  I hope your spouse didn't pay the $1,225 I-485 filing fee.  

 

Look at item 22 of the I-130 and tell me how exactly that was completed?  There's a place for city and state on the left side and on the right side.  What is entered on the left side of item 22?  It should be blank, none or N/A (Not Applicable).  

 

 We have a lawyer and she filed it so she was right when she said we have to filed the I-485 but I told her no don't.

 

 

now I found  the answered 

 

here is why we had to filed it

 

they dont look on their computer to see your entery / exit into the US, 

what they are doing it following the I-130 and the way it was filled out, 
on the I-130 it says what you want done with the I-130 sent to an embassy, or adjustment of status, I suspect that you filed the I-130 that you would be doing adjustment of status. 
if you are not doing adjustment of status then you should not of filled the I-485
you should of replied to that RFE that you would be applying for a visa at the US embassy Bahamaas"

 

 

so I get it.

 

that explained.

[pushbrk 12,884]

Since you are NOT adjusting status, your lawyer was WRONG, not right to have you file the I-485.  For all, most immigration lawyers don't actually do family based immigration, so they know little if anything about it except how much they are going to charge you to screw it up.  Buyer beware.

Edited September 21, 2017 by pushbrk

[nyokie 572]

1 hour ago, pushbrk said:

Since you are NOT adjusting status, your lawyer was WRONG, not right to have you file the I-485.  For all, most immigration lawyers don't actually do family based immigration, so they know little if anything about it except how much they are going to charge you to screw it up.  Buyer beware.

We will see how it go. Wil just wait and see how things go.

[nyokie 572]

question so you trying to say everything will get mess up by filing the I485?

 

I asked by when my lawyer was going to filed it, I told her no not to do it because that is for people who are already in the US. so she didn't.

 

later my husband got the letter from USCIS stating to send 2 passport of pictures and the I485.

 

I am confused.