I-130 NOA1

[ajica 0]

Hi, anybody could give me some idea on my case? My I-130 case is pending and I received a receipt last week and an email says that my case is received and pending. I wonder if I could file my I-485 and I-765 now while my I-130 petition case is pending or should I wait for the second I-130 notice or approval before I can move on. Any help on this matter would be so much appreciated.

Thank you

[YuAndDan 153]

I am a bit confused, you say you filed just I-130, that is for a CR-1 or IR-1 visa, and you will be interviewing for the Visa in the foreign country, you only file I-485 not long after you enter the country on a K-3 or K-1 visa. You should be filing I-129F for the K-3, if that is what your plans are.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=k3guide

Edited July 21, 2007 by YuAndDan

[G&A 1]

please make sure your timeline and profile are current so we can help you.

[ajica 0]

I am a bit confused, you say you filed just I-130, that is for a CR-1 or IR-1 visa, and you will be interviewing for the Visa in the foreign country, you only file I-485 not long after you enter the country on a K-3 or K-1 visa. You should be filing I-129F for the K-3, if that is what your plans are.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=k3guide

I don't have to file the I-129 because I am already here in the State. My status is overstayed B1-B2 visa and recently got married. My husband went to an immigration clinic in town and this is what he advice him to do. File I-130 petition for alien relative first.

thanks

[YuAndDan 153]

I am a bit confused, you say you filed just I-130, that is for a CR-1 or IR-1 visa, and you will be interviewing for the Visa in the foreign country, you only file I-485 not long after you enter the country on a K-3 or K-1 visa. You should be filing I-129F for the K-3, if that is what your plans are.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=k3guide

I don't have to file the I-129 because I am already here in the State. My status is overstayed B1-B2 visa and recently got married. My husband went to an immigration clinic in town and this is what he advice him to do. File I-130 petition for alien relative first.

thanks

You need to file I-130 AND I-485 at the same time in the same envelope, if the I-130 is filed alone, this will result in USCIS sending the I-130 petition to NVC and on to the Embassy in Manila for a CR-1 visa interview.

Read carefully this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

You may try filing I-485 with a copy of the I-130 NOA1 receipt letter.

[ajica 0]

I am a bit confused, you say you filed just I-130, that is for a CR-1 or IR-1 visa, and you will be interviewing for the Visa in the foreign country, you only file I-485 not long after you enter the country on a K-3 or K-1 visa. You should be filing I-129F for the K-3, if that is what your plans are.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=k3guide

I don't have to file the I-129 because I am already here in the State. My status is overstayed B1-B2 visa and recently got married. My husband went to an immigration clinic in town and this is what he advice him to do. File I-130 petition for alien relative first.

thanks

You need to file I-130 AND I-485 at the same time in the same envelope, if the I-130 is filed alone, this will result in USCIS sending the I-130 petition to NVC and on to the Embassy in Manila for a CR-1 visa interview.

Read carefully this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

You may try filing I-485 with a copy of the I-130 NOA1 receipt letter.

Sending the I-485 and the NOA1 receipt this week is what we have in mind too and hope that this will work rather than the other way around. Thank you for your advice and help. This really helps us decide to what to do next. Additional info on NOA1 says that my case has been forwarded to California service center. So, is it good idea to send the I-485 application form there? Since the USCIS forwarded my case over to CSC. I file my I-130 in Nebraska.

Additional advice would be a great help and appreciate it a lot!

Thank you again

[YuAndDan 153]

Sending the I-485 and the NOA1 receipt this week is what we have in mind too and hope that this will work rather than the other way around. Thank you for your advice and help. This really helps us decide to what to do next. Additional info on NOA1 says that my case has been forwarded to California service center. So, is it good idea to send the I-485 application form there? Since the USCIS forwarded my case over to CSC. I file my I-130 in Nebraska.

Additional advice would be a great help and appreciate it a lot!

Thank you again

I would send it to the Chicago address, and they will forward the I-485 to the NBC, they are the ones who handle I-485 AOS cases, and will probbably contact CSC for the I-130 case.

Edited July 22, 2007 by YuAndDan

[ding 1]

Did I read that the beneficiaary/OP is overstayed? I maybe misunderstand it, and there may be an allowable way to overstay, but:

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously."

[ajica 0]

Hi, We are going to send our AOS and EAD today. I have all the forms and documents gathered. check and double check. I hope this will go through. By the way, I got my tourist visa in Guangzhou, China also. It was a very beautiful place and hope to go back there sometimes.

Anyway, thank you for your advice and let you know the updates soon hopefully!!!!

P.S. Until now, I have not received my NOA2 yet.

Edited July 24, 2007 by ajica