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I-130/I-485 concurrent or not?

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  • I-130/I-485 concurrent or not?

    This is what I just mailed to usvisa@state.gov Any ideas?
    ...
    Are there any provisions for submitting a concurrent Petition I-130 (based upon marriage to a US Citizen) and I-485 to change status? The new provisions as of July 31, 2002 for Alien workers submitting an I-140 and I-485 concurrently obviously will speed the processing of those applications.

    I am a US citizen, sponsoring my wife based upon marriage. We filed a Petition I-130 in April 2001 based upon marriage to me, at the time I WAS NOT A US CITIZEN. We received a Notice of Action (I-797) in May 2001 -- with a projected wait of 180-720 days. Checking the case through the automated service, it now says we can expect response in 150-999 days.
    I became a citizen on June 14, 2002 and at the time we sent an amendment letter stating that my status had changed and to process the I-130 for my wife accordingly. We sent this at the recommendation of INS officials.
    Given that it took 20 days to receive a Notice of Action after sending the original I-130, I am wondering why it has taken so long to receive any response to our amendment.
    My question is: Would it be better to submit a new I-130 based upon marriage to a US Citizen and withdraw the existing petition? Of course, every new form costs money to submit and the burden after sending so many forms is mounting.

    Are there any provisions for a concurrent submission of an I-485 in this case?

  • #2
    This is what I just mailed to usvisa@state.gov Any ideas?
    ...
    Are there any provisions for submitting a concurrent Petition I-130 (based upon marriage to a US Citizen) and I-485 to change status? The new provisions as of July 31, 2002 for Alien workers submitting an I-140 and I-485 concurrently obviously will speed the processing of those applications.

    I am a US citizen, sponsoring my wife based upon marriage. We filed a Petition I-130 in April 2001 based upon marriage to me, at the time I WAS NOT A US CITIZEN. We received a Notice of Action (I-797) in May 2001 -- with a projected wait of 180-720 days. Checking the case through the automated service, it now says we can expect response in 150-999 days.
    I became a citizen on June 14, 2002 and at the time we sent an amendment letter stating that my status had changed and to process the I-130 for my wife accordingly. We sent this at the recommendation of INS officials.
    Given that it took 20 days to receive a Notice of Action after sending the original I-130, I am wondering why it has taken so long to receive any response to our amendment.
    My question is: Would it be better to submit a new I-130 based upon marriage to a US Citizen and withdraw the existing petition? Of course, every new form costs money to submit and the burden after sending so many forms is mounting.

    Are there any provisions for a concurrent submission of an I-485 in this case?

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    • #3
      Can anyone answer this question? I have the same situation, thank you!

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      • #4
        We were actually in the same situation.After becoming a citizen,we just re-sent everything(new I-130 & I485,work permit,parole) along with a copy of the notice of action showing that we already submitted an I-130.About 5 months later we received the fingerprint notice.We didn't have any problem for that part!It's really up to you:you can wait for them to aknowledge the status change before submitting the I-485 or submit a new I-130 with and I-485.Hope that helps

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        • #5
          did you pay for another 130 application?

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          • #6
            Yep...

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