I-130 HELP!

[Chocobo 196]

Hi all,

 

I'm a USC and I'm petitioning for my husband (Canadian) who is living in the US.  Long story short, the form I-130 (and I-130A) and the form I-485 (with the other applicable forms) were sent in separately.  130 is in Potomac for processing, not sure yet about 485.  We sent in documents, affidavits, and our son's birth certificate as the front load for our I-130, but now I'm thinking I didn't send enough.  Has any one had experience with voluntarily sending in add'l information for the I-130?  

[JFH 12,191]

*~*~*moved from "IR-1/CR-1 spouse visa process and procedures" to "adjustment of status from work/study/tourist visas" as beneficiary is adjusting within the USA, not applying for a visa*~*~*

[mushroomspore 3,044]

3 minutes ago, Chocobo said:

Hi all,

 

I'm a USC and I'm petitioning for my husband (Canadian) who is living in the US.  Long story short, the form I-130 (and I-130A) and the form I-485 (with the other applicable forms) were sent in separately.  130 is in Potomac for processing, not sure yet about 485.  We sent in documents, affidavits, and our son's birth certificate as the front load for our I-130, but now I'm thinking I didn't send enough.  Has any one had experience with voluntarily sending in add'l information for the I-130?  

Best to wait for an RFE or to simply gather additional documents and evidence until your interview is scheduled. If you have receipt notices, I would say you're good. USCIS are not known for being the most efficient. If you send them something but it is unprompted by them, they will get really confused. They will prompt you if information is needed.

[Crazy Cat 42,547]

This could be a big problem since you separately.  On what basis is your husband trying to adjust status?  If the basis is marriage to a US citizen, the I-485 could be denied if it is processed before the I-130.  Personally, I would consider waiting for an RFE or denial.....

[Chocobo 196]

485 based on marriage.  Copy of the I-797C attached to the 485, and I called USCIS to confirm if I could send in the 485 while the 130 is pending.  They said yes, so I sent it in, made reference to the 130 & 130A and 797C in the cover letter, and attached copies of the 797C to all of the paperwork to make sure all of it tied together.

 

Wish I had send them all in concurrently, but due to a mix-up, we didn't.    

[Crazy Cat 42,547]

10 minutes ago, Chocobo said:

485 based on marriage.  Copy of the I-797C attached to the 485, and I called USCIS to confirm if I could send in the 485 while the 130 is pending.  They said yes, so I sent it in, made reference to the 130 & 130A and 797C in the cover letter, and attached copies of the 797C to all of the paperwork to make sure all of it tied together.

 

Wish I had send them all in concurrently, but due to a mix-up, we didn't.    

Oh, OK.......thanks. I assumed you sent the I-485 prior to having an approved I-130.......😊

[Chocobo 196]

Just now, missileman said:

Oh, OK.......thanks. I assumed you sent the I-485 prior to having an approved I-130.......😊

You may be right though, I'm not sure if it is technically approved.  (I mean, it's been accepted as "complete" as they gave me a receipt for it so yay for that, but I haven't rec'd the bio-metrics letter, etc etc etc, so....uuuuuuuuuugh!)  

 

A friend of mine went through this w/her husband (British) and she said that she just brought all of the add'l documentation w/her to the interview rather than front loading...  Now I'm seeing that maybe it has changed in the couple years since she and her husband did this.  (And BLARG I wish I knew we could send in the 130 & 485 concurrently since hubby is here in US!)

 

Anyways, thank you for your input!  Much appreciated.   

[mushroomspore 3,044]

If you got the I-797C for the I-130 and sent a copy of it with the I-485, you should be fine. Yes you could have filed concurrently but it's all good.

[Chocobo 196]

Just now, mushroomspore said:

If you got the I-797C for the I-130 and sent a copy of it with the I-485, you should be fine. Yes you could have filed concurrently but it's all good.

"Thank you" x a million.    

 

Guess I'll do my best to just sit tight, but will continue to assemble my binder with all of the proof of bonafide marriage.  Most of my friends tease that I could just plop my son on the interviewer's desk as my "proof", but somehow I"m not 100% sure that would be enough.   LOL

[geowrian 22,338]

1 minute ago, Chocobo said:

Guess I'll do my best to just sit tight, but will continue to assemble my binder with all of the proof of bonafide marriage.  Most of my friends tease that I could just plop my son on the interviewer's desk as my "proof", but somehow I"m not 100% sure that would be enough.   LOL

I have seen once case where somebody sent more info for an I-130 and it was accepted. But I have seen more where it was not and they needed to wait for an RFE or the interview.

 

A child isn't proof of a bona fide marriage. It's proof that you had sex that resulted in a birth. This would be a huge hole for fraud if having a child was 100% or near-100% proof of a bona fide marriage.

Actually taking care of a child alongside the marriage can be beneficial, though. But that's different than just having a kid and/or paying/caring for the kid's needs.

[mushroomspore 3,044]

10 minutes ago, Chocobo said:

"Thank you" x a million.    

 

Guess I'll do my best to just sit tight, but will continue to assemble my binder with all of the proof of bonafide marriage.  Most of my friends tease that I could just plop my son on the interviewer's desk as my "proof", but somehow I"m not 100% sure that would be enough.   LOL

Gather more financial stuff and pictures. Kids don't make or break a case. It's the whole picture that matters.

[Chocobo 196]

Absolutely!  I meant it more as a joke.  I know my son absolutely does not constitute enough proof.  

 

The binder currently has print outs from BCBS showing hubby now added to the insurance, print outs from HR showing him as a beneficiary/dependent, emergency contact info, joint credit card, as well as some vacation photos, wedding photos, FB stuff, etc.  Just having to fight the urge to jump the proverbial gun and send the info in NOW rather than wait for them to request it.  While assembling all of the documents for the 130, I was so concerned about showing the technical side of it (marriage cert, affidavits of friends/family, son's birth certificate, etc.) that I didn't listen to my gut to show more of the "family" side of it.  Live and learn I guess!  But, maybe I'm fretting for nothing.  We'll see!  

[Going through 5,671]

22 minutes ago, Chocobo said:

Just having to fight the urge to jump the proverbial gun and send the info in NOW rather than wait for them to request it. 

Always better to wait for them to officially request what they need.  Sending in documents ahead of time (and without an official USCIS RFE letter/letter copy) runs the risk of it not being matched up to the correct case and properly updated in their system as being received.

[Chocobo 196]

Just now, EM_Vandaveer said:

Did you send proof with the I-485 filing about the previously filed I-130? It doesn't have to be approved yet, just filed. A copy of the NOA1 for the I-130 should have been sent with the I-485 files.

Yes.  I included a copy of the receipt for the I-130 (Form I-797C).  Put it right on top and bound with the I-485, and made reference to it in the cover letter.