i-485 Underlying Petition

[wazzujoel 64]

Hopefully this is my last i-485 question and I hope I am asking in the right area.... I couldn't find any other area where this fit better. 

 

Cuban national arrived on Biden's Humanitarian Parole via a i-134a application. I don't really know if i-134a would count as a an Underlying petition. i-134a (online version of i-134) is a request from a USC to be a financial supporter of the Cuban for 2 years. That request contains lots of information about me, and just the name of the Cuban. Would this count as an Underlying petition? or do those coming on Humanitarian Parole not have an underlying petition? 

[Boiler 45,468]

I 134 is unenforceable There is no financial obligation under HP. Actually HP provides benefit not open to others like Medical care.

 

She can also adjust under the CAA after a year and not need a Sponsor.

 

HP  is not an Immigrant Petition

 

[Crazy Cat 41,837]

16 minutes ago, wazzujoel said:

Would this count as an Underlying petition?

My opinion is no.  

[wazzujoel 64]

1 hour ago, Boiler said:

I 134 is unenforceable There is no financial obligation under HP. Actually HP provides benefit not open to others like Medical care.

 

She can also adjust under the CAA after a year and not need a Sponsor.

 

HP  is not an Immigrant Petition

 

 

Thank you @Boiler and @Crazy Cat! 

 

Yes she is filing under CAA 1 day after the 1 year anniversary of arriving in the US. She arrived 4/7/2023, and it will be post marked 4/8/2024. 

[K1visaHopeful 2,814]

Your timeline says you're a K1 and you've posted this in a K1 forum but...you're not???

[Crazy Cat 41,837]

***Moved to the Adjustment of Status from Work, Student, & Tourist Visas***

[Demise 1,281]

3 hours ago, wazzujoel said:

 

Thank you @Boiler and @Crazy Cat! 

 

Yes she is filing under CAA 1 day after the 1 year anniversary of arriving in the US. She arrived 4/7/2023, and it will be post marked 4/8/2024. 

Then there's no underlying petition in that case. Part 2, she'll tick box 1.f. box 1 for "The Cuban Adjustment Act", Part 2, items 3 for the receipt number and date of the underlying petition will just be left blank or she can write "N/A" in there.

[wazzujoel 64]

4 hours ago, K1visaHopeful said:

Your timeline says you're a K1 and you've posted this in a K1 forum but...you're not???

 

We started out with K1. Met my Cuban fiancée in 2017, had a 5 year friendship, that turned to a romance, and I filed i-129f on Oct 18 2021. On January 6th 2023 I submitted an application to support her via Biden's Humanitarian Parole program (i-134a) that was made eligible for Cubans on the day I filed. On February 10th 2023, USCIS approved our i-129f without an RFE. While waiting for USCIS to send our case to NVC, we were approved for i-134a Humanitarian Parole, and she arrived to the states on 4/7/2023. Once that happened, we abandoned the whole i-129f application because we no longer needed the marriage obligation for us to be together. We are still planning on getting married, however we are planning something a bit bigger and more to what we desire, versus trying to rush a 90 day wedding. She's also seeking i-485 PR based on Cuban Adjustment Act of 1966 which has a lot easier burden of proof than marriage based applications. 

 

So yeah, technically I am not K1 anymore. But this site doesn't really have spots for this form of immigration and we started out as K1 so some of my questions are related.  

[K1visaHopeful 2,814]

14 minutes ago, wazzujoel said:

 

We started out with K1. Met my Cuban fiancée in 2017, had a 5 year friendship, that turned to a romance, and I filed i-129f on Oct 18 2021. On January 6th 2023 I submitted an application to support her via Biden's Humanitarian Parole program (i-134a) that was made eligible for Cubans on the day I filed. On February 10th 2023, USCIS approved our i-129f without an RFE. While waiting for USCIS to send our case to NVC, we were approved for i-134a Humanitarian Parole, and she arrived to the states on 4/7/2023. Once that happened, we abandoned the whole i-129f application because we no longer needed the marriage obligation for us to be together. We are still planning on getting married, however we are planning something a bit bigger and more to what we desire, versus trying to rush a 90 day wedding. She's also seeking i-485 PR based on Cuban Adjustment Act of 1966 which has a lot easier burden of proof than marriage based applications. 

 

So yeah, technically I am not K1 anymore. But this site doesn't really have spots for this form of immigration and we started out as K1 so some of my questions are related.  

Gotcha!

Editing your timeline might be of benefit to you so you can get the correct category of help and also follow the correct VJ processing time stats for AOSing. 

It might also benefit other K1s who read this so they are not ultimately confused by your submission of an I134a like I was. 

[wazzujoel 64]

32 minutes ago, K1visaHopeful said:

Gotcha!

Editing your timeline might be of benefit to you so you can get the correct category of help and also follow the correct VJ processing time stats for AOSing. 

It might also benefit other K1s who read this so they are not ultimately confused by your submission of an I134a like I was. 

 

I tried editing the timeline but it wasn't obvious to me on how to change the timeline from K1 to something else (and if there was something else to even change it to). 

 

Edit - I just looked again and I see I can select a different category, however our category isn't an option. Additionally if I did that then all my K1 timeline goes away. I feel like it's best to leave it as is. 

Edited March 21 by wazzujoel