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Filed: Country: Philippines
Timeline
Posted

Hello everyone,

I am a newbie here and this is my first post... First, our story.. My husband and I met online and after a year and a half, I was sent to the US (B1 visa) to attend seminars and training for a month. Of course, we took advantage of my stay in the US and decided to get married. We got married in our jeans(!) somewhere in Minnesota. I went back to the Philippines and continue working (I had a bond due to the trainings I consistently attend out of the country) while we prepare for the rigorous immigration process. Six months after we got married, my boss needed to send a representative for another set of seminars and trainings. Since I am the only one who has a valid visa and in such a short notice (1 week before I have to leave), I agreed to go. Obviously not only to travel back to the states but to visit my husband and spend few more days with him. I left and got here in the US in May 2006. My husband is divorced and he has a cute 5yr-old daughter whom I have not met when we got married. (My husband has sole/full custody of his daughter). This time, it was my first time to meet her. We did not tell her that we already got married as we didn't want to surprise her. But 3 days after we finally met, she was so into me - I guess because of the lack of a female figure in her life. She asked me if I can be her mama. And so my husband and I decided to tell her the truth - that we already got married. She cried which we thought she didn't want us to get married. But what she really meant was why we didn't wait for her until we can get married so she could wear her gown which is, as she describes, identical to my 'wedding gown'. Anyway, through the course of my supposedly 1 month stay here in the US, my heart melt when she asked me to be her mama. I know at this point, it's either all of us will be heart-broken if I leave or I can just stay here in the US and be with them. So, I took the initiative to research and I found out that if the marriage occured here in the US, the alien spouse can stay while the whole immigration process is filed and approved. I know in my heart, I could not bear to leave my husband again. I left a day after we got married the first time and it was difficult. This time, leaving for the second time with a child that I consider my own is just something I can't deal with anymore. But first things first... I called my boss and explained him my situation. My marriage to an American was never a secret. Everyone knew that I got married 6 months ago and so with my boss' kind heart, he accepted my resignation, relieved me from my bond and gave me my clearance.

It's been a year since I got here and we just filed the I-485 with the I-130 and I-765. This was due to my husband being a full time student last year. And since, I did not really intended to immigrate here yet, it took awhile for all of my personal documents and belongings to get here in the US. After he finished his course and being accepted in a government job, we moved here in Maryland. Last Thursday 7/26, we filed the petition to VSC. And it was confirmed that VSC received it on Friday, 7/27. However, there's a lot of confusion in our minds. In the forms, it says that we should send the I-130 to VSC. However, together with it is my I-485 which needs to be sent to Chicago in their lockbox. I have researched in the USCIS website and I found out that the Baltimore, MD jurisdiction should be sent to VSC as well. I researched again for the counties which is included in the Baltimore, MD jurisdiction and in this document, Implementation of Field Office Structure Within the Immigration and Naturalization Service [60 FR 57165][FR 61-95], found on this link, in § 100.4 Field Offices. (5) Baltimore, MD, (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=70a0e5e474b65b422dbda46ef0f8c927) it says the jurisdiction of Baltimore, MD is the whole state of Maryland. Is this the right service center or do we have to send it to the Chicago lockbox? And if so, will our documents be returned together with the money orders we sent? Since we have proof that we originally sent that on the 26th of July and it was returned, can we still use the same money order with the old fees or do we have to follow the new fees?

Thanks for all your responses. God bless and good luck to all of us!

Markizhley

Filed: Timeline
Posted

The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Filed: Country: Philippines
Timeline
Posted
The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Hi Kez,

Thank you for the reply.

What I don't understand is the exemption in the I-485 instructions which says that if you live within the jurisdiction of Baltimore, MD (which constitutes the whole state of MD), you still have to send it to Vermont Service Center. We live in Elkridge, MD... That part is quite confusing... Any light on this? Here's the link: http://www.uscis.gov/propub/ProPubVAP.jsp?...dbda46ef0f8c927, which says: (5) Baltimore, Maryland . The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland, except Andrews Air Force Base Port-of-Entry.

Thanks,

Markizhley

Filed: Country: Philippines
Timeline
Posted
The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Hi Kez,

Thank you for the reply.

What I don't understand is the exemption in the I-485 instructions which says that if you live within the jurisdiction of Baltimore, MD (which constitutes the whole state of MD), you still have to send it to Vermont Service Center. We live in Elkridge, MD... That part is quite confusing... Any light on this? Here's the link: http://www.uscis.gov/propub/ProPubVAP.jsp?...dbda46ef0f8c927, which says: (5) Baltimore, Maryland . The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland, except Andrews Air Force Base Port-of-Entry.

Thanks,

Markizhley

Correction... stated in I-130 instructions... that if you are filing I-130 concurrently with I-485 and you reside within the jurisdiction of Baltimore, MD you may submit it in VSC.

Thanks..

Filed: Timeline
Posted (edited)
The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Hi Kez,

Thank you for the reply.

What I don't understand is the exemption in the I-485 instructions which says that if you live within the jurisdiction of Baltimore, MD (which constitutes the whole state of MD), you still have to send it to Vermont Service Center. We live in Elkridge, MD... That part is quite confusing... Any light on this? Here's the link: http://www.uscis.gov/propub/ProPubVAP.jsp?...dbda46ef0f8c927, which says: (5) Baltimore, Maryland . The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland, except Andrews Air Force Base Port-of-Entry.

Thanks,

Markizhley

Correction... stated in I-130 instructions... that if you are filing I-130 concurrently with I-485 and you reside within the jurisdiction of Baltimore, MD you may submit it in VSC.

Thanks..

The instructions on the I-485 states...

Form I-485 USCIS Lockbox Filing Address for Local Office Filings:

If you are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS Lockbox Facility.

1. Spouse, parent, unmarried son/daughter under age 21 ofa U.S. Citizen with an approved or concurrently filedForm I-130;

http://www.uscis.gov/files/form/i-485instr.pdf

It has to go to Chicago Lockbox...

Kez

Taken from:- http://www.uscis.gov/files/form/I-130instr.pdf Page 3

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

Edited by Niagaenola
Filed: Country: Philippines
Timeline
Posted
The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Hi Kez,

Thank you for the reply.

What I don't understand is the exemption in the I-485 instructions which says that if you live within the jurisdiction of Baltimore, MD (which constitutes the whole state of MD), you still have to send it to Vermont Service Center. We live in Elkridge, MD... That part is quite confusing... Any light on this? Here's the link: http://www.uscis.gov/propub/ProPubVAP.jsp?...dbda46ef0f8c927, which says: (5) Baltimore, Maryland . The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland, except Andrews Air Force Base Port-of-Entry.

Thanks,

Markizhley

Correction... stated in I-130 instructions... that if you are filing I-130 concurrently with I-485 and you reside within the jurisdiction of Baltimore, MD you may submit it in VSC.

Thanks..

The instructions on the I-485 states...

Form I-485 USCIS Lockbox Filing Address for Local Office Filings:

If you are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS Lockbox Facility.

1. Spouse, parent, unmarried son/daughter under age 21 ofa U.S. Citizen with an approved or concurrently filedForm I-130;

http://www.uscis.gov/files/form/i-485instr.pdf

It has to go to Chicago Lockbox...

Kez

Taken from:- http://www.uscis.gov/files/form/I-130instr.pdf Page 3

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

Hi again Kez..

I have read and saw the info you gave on page 3 of the I-130 instructions. However, it has a continuation on page which says: Applicants who reside in the jurisdiction of the Baltimore,MD, USCIS District Office should submit the Form I-130petition and the Form I-485 concurrently to:

USCIS Vermont Service Center75 Lower Welden StreetSt. Albans, VT 05479-0001

This is where the confusion sets in... which is frustrating... :(

Filed: Timeline
Posted
The I-130 should have gone in the same packet as the AOS to the Chicago lockbox..... now you will need to resend the AOS packet with a copy of the receipt notice for your I-130 to the Chicago lockbox... and you will need to pay the new fee...

Kez

Hi Kez,

Thank you for the reply.

What I don't understand is the exemption in the I-485 instructions which says that if you live within the jurisdiction of Baltimore, MD (which constitutes the whole state of MD), you still have to send it to Vermont Service Center. We live in Elkridge, MD... That part is quite confusing... Any light on this? Here's the link: http://www.uscis.gov/propub/ProPubVAP.jsp?...dbda46ef0f8c927, which says: (5) Baltimore, Maryland . The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland, except Andrews Air Force Base Port-of-Entry.

Thanks,

Markizhley

Correction... stated in I-130 instructions... that if you are filing I-130 concurrently with I-485 and you reside within the jurisdiction of Baltimore, MD you may submit it in VSC.

Thanks..

The instructions on the I-485 states...

Form I-485 USCIS Lockbox Filing Address for Local Office Filings:

If you are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS Lockbox Facility.

1. Spouse, parent, unmarried son/daughter under age 21 ofa U.S. Citizen with an approved or concurrently filedForm I-130;

http://www.uscis.gov/files/form/i-485instr.pdf

It has to go to Chicago Lockbox...

Kez

Taken from:- http://www.uscis.gov/files/form/I-130instr.pdf Page 3

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

Hi again Kez..

I have read and saw the info you gave on page 3 of the I-130 instructions. However, it has a continuation on page which says: Applicants who reside in the jurisdiction of the Baltimore,MD, USCIS District Office should submit the Form I-130petition and the Form I-485 concurrently to:

USCIS Vermont Service Center75 Lower Welden StreetSt. Albans, VT 05479-0001

This is where the confusion sets in... which is frustrating... :(

when you are filling for AOS along with a I-130 or a receipt from a already filed I-130 you follow the instructions for the I-485....

Well all I can tell you is that it needs to go to Chicago... but if you want to send it too Vermont then feel free.

Sorry I could not help you

Kez

Posted

The instructions inside the I-130 and I-485 are out of date. Now you should send everything to the Chicago Lockbox, as it says on the front of the I-485.

Did you send everything to Vermont? Most likely it will either get returned to you or forwarded to the Chicago Lockbox.

Posted

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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