I-130 was not filed

[Host]

Hello, need your advise:

On 04/27/2018 filed I-485, I-864, I-693 and I-765...but by mistake didn't file I-130.

Just notified that "Case is Ready to Be Scheduled for An Interview".

Married to a USC (C9)....What should I do? File I-130 or just wait??? Please advise.

[Tezza]

Hello, need your advise:

On 04/27/2018 filed I-485, I-864, I-693 and I-765...but by mistake didn't file I-130.

Just notified that "Case is Ready to Be Scheduled for An Interview".

Married to a USC (C9)....What should I do? File I-130 or just wait??? Please advise.

They will still go ahead with the interview, but what it means is that they won't be able to approve/deny on the day because they won't have access to your I-130, which they usually go through at the interview as well. I personally am not sure what's best at this point, because submitting the I-130 separately goes to a different location than if you file it concurrently with the I-485. Maybe you should call customer services and ask them, if the first tier 1 officer is no help, ask to be put through to a tier 2 officer.

That's my advice, unless anyone else on here can offer alternatives. Good luck with it.

[Host]

Thank you so much for your time and advise Tezza, I'll do as you say, I would appreciate other comments, good luck!

[Host]

Tezza,
I just called USCIS and they informed me that my package was ok without I-130...As I K-1 visa who entered the country and married a USC within 90 days, I didin?t need to file I-130, only the other formats. Hope this can help other K-1 applicants (Fianc? visa).

[Tezza]

Tezza,
I just called USCIS and they informed me that my package was ok without I-130...As I K-1 visa who entered the country and married a USC within 90 days, I didin?t need to file I-130, only the other formats. Hope this can help other K-1 applicants (Fianc? visa).

Oh okay, you didn't mention you were on K-1 haha.

Yeah for the K-1 visa your fiance would have filed I-129F to petition for you while you were in your own country, in order to establish your relationship. Since you came on that visa, they're correct you didn't need to file the I-130 as this is used to establish a relationship, which your fiance had already done. So all that was left was for you to adjust status, i.e. using form I-485 etc.

Glad it's cleared it up for you though.

[Host]

Oh okay, you didn't mention you were on K-1 haha.

Yeah for the K-1 visa your fiance would have filed I-129F to petition for you while you were in your own country, in order to establish your relationship. Since you came on that visa, they're correct you didn't need to file the I-130 as this is used to establish a relationship, which your fiance had already done. So all that was left was for you to adjust status, i.e. using form I-485 etc.

Glad it's cleared it up for you though.

Sorry I didn?t mention I was K-1...thank you Tezza and I wish you luck in everything you do and experience in your new life adventure...Congrats!!!