Submitted I-130 When I Shouldn't Have

[1journey 8]

Hello,

 

I brought my fiance and stepdaughter to the US on a K-1/K-2 visa. We got married a week after entering the US. I was mistakenly instructed to submit an I-130 along with the other AOS. I submitted the I-130 online.

 

I now understand that I did not need to submit the I-130. Now, I am about the send the I485, , I864, I765, I131. Should I send a letter to cancel the I-130?

 

Thank you.

 

 

 

[Crazy Cat 41,811]

I would NOT withdraw the I-130.  USCIS could think you are withdrawing the relationship.  I would just let it ride.  

[1journey 8]

Just now, Crazy Cat said:

I would NOT withdraw the I-130.  USCIS could think you are withdrawing the relationship.  I would just let it ride.  

 

Would submitting a letter explaining why I am canceling the I-130 help in not getting the situation confused? I do not want the process to take any longer than it will. I submitted the I-130 a month ago and I did receive an I-797C.

[Crazy Cat 41,811]

5 minutes ago, 1journey said:

 

Would submitting a letter explaining why I am canceling the I-130 help in not getting the situation confused? I do not want the process to take any longer than it will. I submitted the I-130 a month ago and I did receive an I-797C.

  I would NOT cancel the I-130.  It does not harm your case.  

Edited August 5 by Crazy Cat

[OldUser 6,608]

35 minutes ago, Crazy Cat said:

I would NOT withdraw the I-130.  USCIS could think you are withdrawing the relationship.  I would just let it ride.  

Agreed, no benefit to withdrawing now. Fees are paid and not refundable. There's definitely risk of issues with I-485 when withdrawing I-130 on the other hand.

[Dashinka 24,480]

I agree with the others, let the I130 go.  If you have an AOS interview and they ask about it, you can explain it.

 

Good Luck!

[1journey 8]

Thank you all for the information.

 

On the I-864, I have my wife (K1 visa) as the primary immigrant and my stepdaughter as an additional family member (K2). Do I need to fill out (2) I-864's, one for each?

 

Also, if I need to complete (2) one for my stepdaughter, would I complete a form where she is the primary immigrant and not include her mother as an additional family member?

 

Lastly, if two I-864's are required, do I need to include a copy of my taxes, my passport, birth certificate, and SSN for each I-864?

 

Thank you.

[OldUser 6,608]

22 hours ago, 1journey said:

Thank you all for the information.

 

On the I-864, I have my wife (K1 visa) as the primary immigrant and my stepdaughter as an additional family member (K2). Do I need to fill out (2) I-864's, one for each?

 

Also, if I need to complete (2) one for my stepdaughter, would I complete a form where she is the primary immigrant and not include her mother as an additional family member?

 

Lastly, if two I-864's are required, do I need to include a copy of my taxes, my passport, birth certificate, and SSN for each I-864?

 

Thank you.

Do you have separate I-130s for each beneficiary (wife, stepdaughter)?

Edited August 6 by OldUser

[1journey 8]

50 minutes ago, OldUser said:

Do you have separate I-130s for each beneficiary (wife, stepdaughter)?

 

Yes, unfortunately, I submitted an I-130 for both when it is not required because they came on a K1/K2 visa.

[OldUser 6,608]

9 minutes ago, 1journey said:

 

Yes, unfortunately, I submitted an I-130 for both when it is not required because they came on a K1/K2 visa.

It would have been much better if you filed two I-130s per each beneficiary as required by US citizen. One I-130 with other derivative applicant on I-129F is a messy case. USCIS will likely be scratching their head...

[1journey 8]

3 hours ago, OldUser said:

It would have been much better if you filed two I-130s per each beneficiary as required by US citizen. One I-130 with other derivative applicant on I-129F is a messy case. USCIS will likely be scratching their head...

 

I did submit two I-130's. I received a letter for each one. This cost me $1,200, and I did not have to submit an I-130 for my situation. 

 

Are these figures correct?

 

I-485 $1,440 for the principal immigrant and $950 for a child under the age of 14 applying with a parent.

I-765 - $520 x 2 = $1,040. 

I-131 - $630 x 2 = $1,260

I-865 - $0

 

Total of $4,690

 

I believe there is a charge for biometrics that needs to be included.

 

 

[Family 3,988]

On 8/5/2024 at 12:03 PM, 1journey said:

 

Would submitting a letter explaining why I am canceling the I-130 help in not getting the situation confused? I do not want the process to take any longer than it will. I submitted the I-130 a month ago and I did receive an I-797C.

Do NOT write or explain anything…under no circumstances should you cancel the I-130s. They are perfectly fine for your to submit and will cause no confusion to simply let them be. .

 

Check to make sure you filled out the I-485 correctly and that it reflects the I-130 as basis.

 

If $$ is tight you can skip I-131 and I-765 for both as they are about 6 months from application to green card 

 

Am assuming you meant I-864

 

Use fee calculator to double check and send separate checks for each https://www.uscis.gov/feecalculator

 

 

 

[OldUser 6,608]

2 hours ago, 1journey said:

 

I did submit two I-130's.

Great, that's much better than I thought. All evidence should be separate for each separate I-130 and I-485. Including separate I-864.

[powerpuff 6,679]

*** Thread moved from General Immigration discussion to AOS K1 forum as this is an adjustment from K1 Visa case ***

[1journey 8]

 

I sent the AOS packet and it was received on the 9th (Chicago). I have not heard anything. I included the form to receive any updates. Is this cause for concern?