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Thread: I-130 Validity

  1. #1
    My wife filed I-130 and I-485 to sponsor me to return to US. During the visa interview at the embassy, I was told to file I-601. Unfortunately, the i-601 application was denied about 8 months later .

    Now we want to refile the I-485 again and submit new supporting documents to try to get I-601 application approved. We think we have new evidences to support our claim of extreme hardship to my wife.

    My question is, does my wife have to refile I-130 again? How long is an approved I-130 application valid?

    Thanks

  2. #2
    My wife filed I-130 and I-485 to sponsor me to return to US. During the visa interview at the embassy, I was told to file I-601. Unfortunately, the i-601 application was denied about 8 months later .

    Now we want to refile the I-485 again and submit new supporting documents to try to get I-601 application approved. We think we have new evidences to support our claim of extreme hardship to my wife.

    My question is, does my wife have to refile I-130 again? How long is an approved I-130 application valid?

    Thanks

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
    Unfortunately, the i-601 application was denied about 8 months later ." </div></BLOCKQUOTE>When was that?

    I-485 is to adjust status for those who are ALREADY in the USA. It is not needed for people like you who are applying for an immigrant visa.

  4. #4
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My question is, does my wife have to refile I-130 again? How long is an approved I-130 application valid? </div></BLOCKQUOTE>

    An approved I-130 petition remains valid indefinately unless/until relationship changes between the parties or if USCIS revokes it. For example, if parties are no longer married then obviously an approved I-130 petition based on the relationship won't be valid anymore. Thus, your wife doesn't need to re-file I-130 if you guys are still married and nothing changes to the fact on the basis I-130 was approved. Just say that you were married before when I-130 got approved then you got divorce and now married again..If so then you guys would need to file I-130 again because previous approval was based on your previous marriage to your wife and not on the basis of current marriage...It's just an example to explain it in more detail.

    Good luck...

  5. #5
    Actually, that's not quite correct Sammy. My husband filed the I-130 for myself and my sons 10 years ago when we first got married. After a few months of not hearing anything, he moved to New Zealand instead. It was approved and sent on to the consulate, but we didn't do anything with it as we were settled in NZ. Two years ago when JC moved back to the US, we had to re-file. During the NVC stage, the kids petition's advanced faster than mine (I was stuck in a name check or something), and rather than sending in the required paperwork, we decided to wait. After a while, we got warning letters that their petitions would expire if we didn't respond, giving a total time on it of three months.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  6. #6
    Maybe the OP meant the I-864 affidavit of support?

    As Aneri stated, doesn't one have to be in the US if filing I-485? You used to be able to file I-485 at same time as I-601 to avoid extra fees, but that too you have to be in the US already?
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  7. #7
    Thanks for your reply. I do want to make it a bit clear:

    The I-130 was filed in late 2005. Nothing has changed between my wife and I since the I-130 was approved in 2006. We are still married. The only thing that happened since the i-130 was approved are the I-212 and I-601 was denied and I moved to Canada to be a bit close to my wife.

    My understanding is that I can't file i-601 and I-212 without first filing I-485. Is this correct?

    Should I go head and file the i-485 and submit it along with the old i-130 approval letter?

  8. #8
    My Mistake - I don't need to file I-485. I-485 is for adjusting status while in US.


    I still need to know how to go about restarting the process without filing a new i-130 but using previous approved i-130.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
    The I-130 was filed in late 2005. Nothing has changed between my wife and I since the I-130 was approved in 2006. We are still married. The only thing that happened since the i-130 was approved are the I-212 and I-601 was denied and I moved to Canada to be a bit close to my wife. </div></BLOCKQUOTE> so you moved from X country to Canada? Was that X country one of those where it is hard to get waivers approved or no?
    What were the resons for waiver denial? (you don't need to list them) Has that significantly changed (more than "we think we have new evidence")? Did you use the lawyer the first time? Do you plan to use one the second time?
    You need to take all this into the consideration to see what to do next. Sometimes it is how the evidence is presented as much as what the hardship is... Having a good lawyer helps

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
    My understanding is that I can't file i-601 and I-212 without first filing I-485. Is this correct?? </div></BLOCKQUOTE> NO, you can only file I-485 if you are in the USA and want to adjust status. My understanding is that you are NOT in the USA and you are applying for an immigrant visa.
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmanm:
    Should I go head and file the i-485 and submit it along with the old i-130 approval letter? </div></BLOCKQUOTE>No, if you are not in the USA I-485 is irrelevant.

  10. #10
    I doubt I-130 is still alive...

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