ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 4 123 ... LastLast
Results 1 to 10 of 39

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

  1. #1
    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. #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)?

  3. #3

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

  5. #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.

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

  7. #7
    Only if your married

  8. #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

  9. #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

  10. #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.

Similar Threads

  1. Replies: 2
    Last Post: 10-09-2007, 05:35 AM
  2. 32,034 H-1Bs filed & 12,464(38.9%) approved in April, 2004
    By H1Bcap in forum Immigration Discussion
    Replies: 2
    Last Post: 05-21-2004, 05:24 PM
  3. F2A category: any I-130 approval if filed in 2001?
    By Mandy in forum Immigration Discussion
    Replies: 4
    Last Post: 05-19-2004, 08:05 PM
  4. Replies: 1
    Last Post: 02-05-2003, 07:13 PM
  5. Applied for residency April 6, 2001
    By in forum Immigration Discussion
    Replies: 7
    Last Post: 07-19-2002, 04:52 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: