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When to file I-485

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  • When to file I-485

    My sister brought my mom to the U.S in 2011 and my mom became a permanent resident. I was also in the U.S as an F-1 student. She started to file the form I-130 on March 31st 2011. I was 21 years old by the time of filing. the form was approved in July 2011 and the priority date is June 22nd 2011. I just finished my study in the US and came back to Vietnam in March 2017.
    I saw visa bulletin of May 2017 on the second table for F2B is 01SEP11. Above the chart, it states:
    "The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions."
    what is this "receipt of notification from the National Visa Center containing detailed instructions"? Is it some kind of form that the NVC will send to my mom? Or should I start the filing process of I-485 now? If I can, what is the step by step process? (like where should I file it? What documentations do I need from my mom and my sister). I really appreciate any help I can get. Thank you for taking your time.

  • #2
    I-485 is to apply for Adjustment of Status, which is a process for people in the US. You are not in the US. You are doing Consular Processing, and you need to wait to be contacted by NVC. I-485 is not involved.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      I-485 is to apply for Adjustment of Status, which is a process for people in the US. You are not in the US. You are doing Consular Processing, and you need to wait to be contacted by NVC. I-485 is not involved.
      Thank you for the fast reply. When my mom filed the I-130, I was under the F1 visa status. Does my mom need to contact the NVC to notify them that I have ended my study and go back to Vietnam? If so, how should she does it?

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      • #4
        Originally posted by snow2462 View Post
        Thank you for the fast reply. When my mom filed the I-130, I was under the F1 visa status. Does my mom need to contact the NVC to notify them that I have ended my study and go back to Vietnam? If so, how should she does it?
        Unlikely. Usually for categories with long waits they automatically assume you are doing consular processing. Look on the I-130 approval; it probably says you are doing consular processing and wait for NVC to contact you. If it says you are doing adjustment of status then I-824 may need to be filed to move it from USCIS to NVC.

        This is my personal opinion and is not to be construed as legal advice.

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