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Approved I-130! Yeah, but what is I-171 vs. I-797?? Help!

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  • Approved I-130! Yeah, but what is I-171 vs. I-797?? Help!

    Hey all! Got my I-130 approved! I think! I got a letter in the mail (Form I-171) which says at the top "NOTICE OF APPROVAL OF RELATIVE IMMIGRANT VISA PETITION" but when I went online to take a look at the I-485 instructions to prepare this next document, it says I need a form I-797, notice of action. Does anyone know the difference?

    Just FYI: I married my longtime USC girlfriend after my visa expired (overstay) and was issued NTA as a result of that during Spec. Reg. (that was the only 'charge') Meanwhile, our I-130 was submitted after NTA--because this is all you can submit.

    Our lawyer said after this approval when can go before court to adjust. But I won't be able to talk to her until Monday to know the difference between these two forms and if this is the approval document--I'm dyin' 'til then!! Can anyone help??? What is I-171 vs. I-797??

  • #2
    Hey all! Got my I-130 approved! I think! I got a letter in the mail (Form I-171) which says at the top "NOTICE OF APPROVAL OF RELATIVE IMMIGRANT VISA PETITION" but when I went online to take a look at the I-485 instructions to prepare this next document, it says I need a form I-797, notice of action. Does anyone know the difference?

    Just FYI: I married my longtime USC girlfriend after my visa expired (overstay) and was issued NTA as a result of that during Spec. Reg. (that was the only 'charge') Meanwhile, our I-130 was submitted after NTA--because this is all you can submit.

    Our lawyer said after this approval when can go before court to adjust. But I won't be able to talk to her until Monday to know the difference between these two forms and if this is the approval document--I'm dyin' 'til then!! Can anyone help??? What is I-171 vs. I-797??

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    • #3
      Can't you find at the ins page? www.ins.gov.

      Comment


      • #4
        I surfed that site (which is now www.immigration.gov) but couldn't find something that said one or the other. Actually, I looked at the hard copy of the 485 I have here, but it just says evidence of approval--so I guess that could be the I-171; still, I wanted to know if we will get something more official looking. This is just a plain white sheet, no fancy stamp or nothing. I could make it on my computer--haha. I'd like to know what others have received after I-130 approval. Maybe I'm just making myself crazy!

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        • #5
          please check the envelope. Is it immigration sevices envelope? I hope no one is kidding with u.

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          • #6
            Yeah--wouldn't that be a joke!
            But yes, the envelope is from the DOJ, INS in LA. It even lists the room we had to go to for our interview. The paper looks official but not special. It does list the District Director's name correctly and is date-stamped in orange. I don't think it is a joke. I do remember seeing I-171 listed somewhere--but don't remember where. Also, they cc'd a copy to my lawyer, who is also listed c/o on the envelope--so I think it is legit. I'm sure my lawyer will know, but I just can't stand the wait!

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            • #7
              u have to wait till u contact ur lawyer. I am trying to find out something to tell u about this. Good luck

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              • #8
                It reads as follow on immigration site.
                Forms Used in Orphan Cases
                Form I-171 -- Notice of Approval of Relative Immigrant Visa Petition (sent to petitioning parent when the I-600 orphan petition is approved

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                • #9
                  Wait a min, you were served NTA due to Spec. Reg. and then you filed the I-130... It is not that long ago...

                  I forgot what state were you in? And what was the timeline? I mean when were you put in proceedings and when was the I-130 submitted?

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                  • #10
                    My timeline is unbelievable Bushmaster, I don't know, it must be God on my side!

                    Married beginning of December 2002.

                    Special Reg. at end of Dec. (no paperwork filed yet, because didn't have official marriage cert from state) I'd overstayed my visa and was unlawfully present as of Sept. 2002

                    Received NTA at Spec. Reg. b/c of overstay but not detained (longer than a few hours) or issued bond, ROR

                    Got marriage licence beginning Jan '03, filed I-130 immediately with CSC as was told by one lawyer (we changed lawyers then b/c he changed his price to $15,000!!) We went pro bono.

                    Received letter for Master Calender hearing to be at beginning of March '03. In the meantime, our new lawyer told us to re-submit I-130 app. to local office so they would have it before the trial.

                    At the hearing, admitted to deportability, but showed that I had relief (marriage to USC before NTA), he scheduled another hearing (master cal) for Sept. '03 to give INS a chance to adjudicate the I-130.

                    In April got letter for I-130 interview, which was to be at beginning of May.

                    Went to interview on Friday. Officer said we'd know in two weeks, (lawyer said probably more like two months).

                    We received approval of I-130 letter Thursday!

                    It says that they adjudicated the I-130 submitted in March (not in January) so it says date submitted, in March, date approved, May!!

                    I can't believe it! Is that time unreal or what???

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                    • #11
                      Oh yeah--
                      the state is California, LA area
                      sorry, in my excitement Iforgot your original post!!!

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                      • #12
                        That is pretty messed up. Not for normal cases, but removal cases. Normal cases I know I-130s gets approved pretty quick. I have never heard of approval in 2 months. But you gotta play "hush hush" bro... Technically, you are supposed to file the I-130 at the service center and local office should not accept it. LA office accepted it, it is wrong, had to go thru preliminary processing. That is where you got lucky in my opinion. Did you send a "request for exemption" letter when filing the I-130s? Now I think you can apply for a EAD but not sure if you have to wait until Sept hearing to file I-485, I guess you will.

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                        • #13
                          Actually,
                          The judge requested that we re-file the I-130 through the local office. He claims that some people in proceedings are trying to circumvent the interview by going through a service center. Perhaps such papers can be filed by the lawyer when requested by the judge. Lawyers have special windows at the INS where they only can file papers, so I don't think anything was done wrong. We didn't send any request for exemption. Actually, the TA wanted to read our I-130 too before the hearing, so there is a special division within INS for cases in proceeding. They had to have copies of NTA, and court request with the date.

                          What do you think

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                          • #14
                            Well the request for exemption letter is required by the law, I mean when the person is in proceedings, the law says the service can not approve the I-130 unless the person demostrates evidence of good faith relationship. But obviously, your judge wanted to work this thing out. Judges are sitting at the top of the INS structure, so I would assume whatever the judge said it is going to be done. You came out of the tangled part so it is just the matter of waiting.

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                            • #15
                              The lawyer told us we didn't need a letter or waiver because we were married before the NTA was issued. She said you only need that if you were married while in proceedings. Is this the letter you are talking about? I thought the I-130 was for the INS to determine whether the marriage was bonafide? Oh well, I guess it all worked out. I mean, we just followed what we were told to do, by INS, lawyer, judge, etc.; we have not done anything wrong, is that what you were saying? Maybe our stuff went through fast because we had lots of evidence, affadavits testifying to our marriage, etc? Am I supposed to be worried now

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