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I-130 filed before April 30, 2001 and still pending. What should I do now?

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  • I-130 filed before April 30, 2001 and still pending. What should I do now?

    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)?

  • #2
    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)?

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    • #3
      Yes to all

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      • #4
        Thank you! Can I file I-485 before getting I-130 approved?

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        • #5
          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.

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          • #6
            which state? do u have receipt?
            Its a discussion, not a legal advise..

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            • #7
              Only if your married

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by traveler:
                Only if your married </div></BLOCKQUOTE>

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

                Good Luck!
                “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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)? </div></BLOCKQUOTE>

                  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.
                  “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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                  • #10
                    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.

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                    • #11
                      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?

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                      • #12
                        Somone was saying that my husband can't be petitioned by both his sister and me. Is that true? <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kollerkrot:
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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)? </div></BLOCKQUOTE>

                        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. </div></BLOCKQUOTE>

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                        • #13
                          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.

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                          • #14
                            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.

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                            • #15
                              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?

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