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Results 1 to 6 of 6

Thread: I-485

  1. #1
    Hi Friends,
    Please advise me... I've changed my status to V visa in this February. Now my husband became a USC. So what is the next step. Can you explain me about filing I485? I spoke to someone in the INS today and he said to have my husband called them and ask to change my status, so that they can approve my I 130 which has been filed back in 2000.

  2. #2
    Hi Friends,
    Please advise me... I've changed my status to V visa in this February. Now my husband became a USC. So what is the next step. Can you explain me about filing I485? I spoke to someone in the INS today and he said to have my husband called them and ask to change my status, so that they can approve my I 130 which has been filed back in 2000.

  3. #3
    Your hubby should call the Service Center and upgrade your I-130. After that you have to wait until the I-130 is approved. Only approved I-130 establishes eligibility for filing I-485. After receiving first NOA for I-485 you'll remain legal while the I-485 is pending.

  4. #4
    thank you for the reply. We filed in the TSC. So my husband has to call there? Today, my hubby called the INS customer service and he was told to write a letter to TSC to change the status.

  5. #5
    those who are immediately eligible for a visa number (spouses of USC) do not have to wait until I-130 is approved. They can file I-485 at the local center with a copy of notice of Action for I-130 and proof of the eligibility ( a copy of husband's naturalization certificate). The I-130 will then be transferred to the local office to be adjudicated with I-485 at the same time.



    The regulations regarding filing of Form 1-485when a Form 1-130is still pending at a Service Center, changed significantly on July 31,2002. 8 CFR 245.2(a)(2)(i) now states:
    (2) Proper filing of application --
    (i) Under section 245. (A) An immigrant visa must be immediately available in order for an
    alien to properly file an adjustment application under section 245 of the Act. See §
    245.1(g)(1)to determine whether an immigrant visa is immediately available. (Paragraph
    (a)(2)(i) revised 7/31/02; 67 FR 49561)
    (B) If, at the time of filing, approval of a visa petition filed for classification under section
    201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa
    immediately available to the alien beneficiary, the alien beneficiary's adjustment application
    will be considered properly filed whether submitted concurrently with or subsequent to the
    visa petition, provided that it meets the filing requirements contained in parts 103and 245.
    For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.



    This memorandum provides field guidance for the acceptance of Applications to Register Permanent
    Residence or Adjust Status (Form 1-485) when there is a pending Petition for Alien Relative (Form 1-130) at a Service Center. This guidance is necessary due to the significant increase in Form 1-130 filings at Service Centers immediately preceding the April 30, 2001 sunset date contained in Section 245(i) of the Immigration
    and Nationality Act (INA), 8 U.S.C. The measures outlined in this guidance will reduce duplicative efforts by the districts, Service Centers, and the National Benefits Center towards the adjudication of one or more petitions for the same individual. These steps will also lessen the probability that two different adjudicative decisions are rendered under identical circumstances for the same beneficiary.
    Where it is evident that a applicant for Form 1-485 has a pending Form 1-130 at a Service Center, the District Office and/or the National Benefits Center (NBC) must request the receipt file using the procedure outlined below. The Form 1-130 request must be requested by the District Office or NBC via e-mail to the following service center mail boxes:
    NSC: I130requestNSC@dhs.~ov. or call Randy Frazier at (402) 323-2545
    CSC: I130requestCSC@dhs.gov. or call Linda Bennett at (949) 389-3125
    TSC: I130requestTSC@dhs.gov, or call Morris Whitacre at (214) 489-4002
    VSC: I130requestVSC@dhs.gov, or call Stephen Smith at (802) 527-4700 x 5049
    Upon receipt of the request for the visa petition, the Service Center, within 15 days, shall locate and send the petition to the requesting office via FedEx. The Service Center is not required to adjudicate the petition
    prior to shipment.

  6. #6
    Thank you very much. Can you tell me whichare the forms I need to file and where to file? I live in Tampa,Florida. So Tampa local office?

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