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solution32

Can I file form I 485 for my wife and baby while I130 is approved?

By solution32 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted (edited)
16 minutes ago, solution32 said:

My wife and baby are in Mexico. I’m an Us citizen so I already filed form I 130 for each of them

 

Is the baby your biological child?  If so, are you not qualified to pass US citizenship and apply for CRBA for your baby?

 

Edited by Chancy
clarification
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Crazy Cat Grand Master

Crazy Cat   41,888

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
40 minutes ago, solution32 said:

My wife and baby are in Mexico. I’m an Us citizen so I already filed form I 130 for each of them  but I heard I can file for the form I 485 while the I 130 get approved. Also do I need to file for the form I 485 separately ? Please let me know. Thank you so much 

Adjustment of Status and the I-485 apply only to individuals inside the US.  Your wife and child cases will proceed to NVC for the next step of the CR-1/CR-2 stage.  I'm not sure where you heard that information, but it is inaccurate for your case.

Edited by Crazy Cat

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pushbrk Grand Master

pushbrk   12,898

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Filed: Other Country: China
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2 hours ago, Crazy Cat said:

Adjustment of Status and the I-485 apply only to individuals inside the US.  Your wife and child cases will proceed to NVC for the next step of the CR-1/CR-2 stage.  I'm not sure where you heard that information, but it is inaccurate for your case.

I think he's confused about which form.  The action he described would be applicable to the I-129F, not the I-485, but while it sometimes works to speed up a spouse visa case, it will not work to speed up a spouse case when a separate I-130 has been filed for the child.

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