My husband came to the US about 17 years ago and he EWI. I filed a peption for him in 2004 when we got married, and he has an interview scheduled in Mexico next month. Surprisely we found out yesterday that the I-130 petition his sister(USC) filed on April 23, 2001 is stil pending and according to 245(i), he can actually do the adjustment of status in the US (I-485). I would like to know if it's okay to have two parties petitioning him for GC. Is I-130 his sister filed is still valid and can he benefit under 245(i)?

Yes to all

Thank you! Can I file I-485 before getting I-130 approved?

I don't think he/she can file for I-485, unless the Petition is approved.

Second the beneficiary is out of United States in Mexico.
Will appreciate your comments.

which state? do u have receipt?

Only if your married

quote:

Originally posted by traveler:
Only if your married

You'd be able to hand in everything together. The 2nd I-130, I-485 with 245i and affidafit(s) of support.

Good Luck!

quote:

Originally posted by moondancefish:
My husband came to the US about 17 years ago and he EWI. I filed a peption for him in 2004 when we got married, and he has an interview scheduled in Mexico next month. Surprisely we found out yesterday that the I-130 petition his sister(USC) filed on April 23, 2001 is stil pending and according to 245(i), he can actually do the adjustment of status in the US (I-485). I would like to know if it's okay to have two parties petitioning him for GC. Is I-130 his sister filed is still valid and can he benefit under 245(i)?

If you file going the 245i route, I believe you have to prove that the I-130 filed before December 21, 2001 was in fact approvable, regardless of whether it was denied or revoked at a later date.

It's not ok to have two parties petitioning. My father petitioned for me in 2004, but I got married to a USC last year. When I was filing for adjustment of status, I was told by a USCIS officer that my dad's petition would be void once my husband files a petition for me. You should make an infopass appointment to be sure.

what is Infopass appointment? Does it mean that the sister's petition was automatically voided since I petitioned for him?

Is it true that you can't be petitioned by two different USC?

Somone was saying that my husband can't be petitioned by both his sister and me. Is that true?

quote:

Originally posted by Kollerkrot:

quote:

Originally posted by moondancefish:
My husband came to the US about 17 years ago and he EWI. I filed a peption for him in 2004 when we got married, and he has an interview scheduled in Mexico next month. Surprisely we found out yesterday that the I-130 petition his sister(USC) filed on April 23, 2001 is stil pending and according to 245(i), he can actually do the adjustment of status in the US (I-485). I would like to know if it's okay to have two parties petitioning him for GC. Is I-130 his sister filed is still valid and can he benefit under 245(i)?

If you file going the 245i route, I believe you have to prove that the I-130 filed before December 21, 2001 was in fact approvable, regardless of whether it was denied or revoked at a later date.

Call your local office or make an infopass appointment on the USCIS website. They will tell you if the petition has been voided or not.
It may be faster for your husband to get a greencard through you, since you're a US citizen. You should file I-130,I-485,I-864, and I-693, all together, for adjustment of status if he's in the US.

For: Mohan, In case Legal Permanent Resident file I-130 before Dec. 2001 with TSC, which is our jurisdiction. While waiting for this petition to be approved parents had become a US Citizen. Petition is still pending with uscis without any action.
Priority dates in family sponsored preferences in 2B, and First has all ready been passed. Or in other way you can say it is now over due for action.
On the top of this TSC has transfered this case to California Service Center since July 06.
What do you suggest in this case.
Thank you.

Thank you for the information. But the problem is that my husband came to the US 17 years ago and he entered without inspection. I cannot file I-485 for him and if he goes back to mexico for an interview (which was scheduled for this month), most likely he would have 10 year bar and wouldn't be able to come back. I heard that 601 (the waver) is very hard to be approved. So I was hoping that the I-130 petitioned which his sister filed back in 2001 would go through so that he could do I-485 without leaving the states.
What do you think?

I went to the USCIS Website and checked the status of the I-130 his sister filed and it said it's pending. Does it mean it's not voided? Would the Infopass give the different answer?

quote:

Originally posted by mohan:
which state? do u have receipt?

Hello Mohan,

I filed I-130 for my husband while other petition of I-130 by his sister was pending. Could you tell me if I-130 by his sister still valid?
Thank you in advance for your help.

FOR Dastur: Petition under LPR is still valid and, in that case alien need to get an info pass and visit CSC. While in appointment you need to talk to Supervisor regarding Priority date. I know that Immigration officer will try to solve but they have limited access.
The reason I am explaining this because once the petition is transfered, means its out of backlog and now its depends upon the Next service center to adjucate.
In my suggestion You should take the NOA as well as the Petition upgrade letter with you on appointment and ask for the adjucating date or letter. You may not get it right away but you will get promise that you will receive within months.
Otherwise You have to contact AAU.


FOR Moondancefish: if the petition was file as brother and sister of US citizen then its still valid but priority date will be different. both petition will be valid for I130. When ther will be a time for approval then both will be under considertation on first approval.

Yes it can work, seeing that he was grandfathered, you can call this lawyer for more info, 9143370705 good luck, he do not charge for consultation

Thank you Mohan. As you know that the case has been transfered to California. My brother is in Atlanta, GA. We never got any letter from uscis accept NOA dated Dec. 2000

What is this AAU?
Thank you.

if you didnot received NOA then how you came to know that case is TX to CSC? there must be I-797 issued.
AAU = adminstrative appeal unit.
AAO = Adminstrative appeal office