485 Application While Outside the Country

[sgd2z]

I filed i130 for my parents and they filed the 485 while outside the country. Are there any issues with this. They got a biometrics appointment in the US for which they will arrive in the US but while they were rescheduling the appointment the officer on the phone told them that they must be in the country to apply for 485 and they might have trouble with their application. Anybody have experience with this?

[Enub4]

What I know is that you must file 485 while in the USA and you can't travel outside USA until you have AP.

[sgd2z]

What I know is that you must file 485 while in the USA and you can't travel outside USA until you have AP.

So what are their options now? Can they change to consular processing? Their plan is to return to the US and keep their biometrics appointment. But not sure what will happen after.

[Guest]

I filed i130 for my parents and they filed the 485 while outside the country. Are there any issues with this. They got a biometrics appointment in the US for which they will arrive in the US but while they were rescheduling the appointment the officer on the phone told them that they must be in the country to apply for 485 and they might have trouble with their application. Anybody have experience with this?

They should not have filed an I-485. The process is to wait for the I-130 to be approved and then to go to the embassy.
Do they already have a visa? They may be denied entry b/c they have immigrant intent and you are not allowed to arrive on a temp, single-intent visa (like B2) with immigrant intent. That could cause them problems down the road.

[sgd2z]

They should not have filed an I-485. The process is to wait for the I-130 to be approved and then to go to the embassy.
Do they already have a visa? They may be denied entry b/c they have immigrant intent and you are not allowed to arrive on a temp, single-intent visa (like B2) with immigrant intent. That could cause them problems down the road.

So they have the I-130. I talked to USCIS. They said they should withdraw the 485 application by sending a letter and do consular processing. And when I go to the website for the process, the DS-260 requires a case number. I'm not sure where that comes from

[Guest]

So they have the I-130. I talked to USCIS. They said they should withdraw the 485 application by sending a letter and do consular processing. And when I go to the website for the process, the DS-260 requires a case number. I'm not sure where that comes from

Is the I-130 on file or approved? If you have an I-130 where the person is outside the US, they sent it to the NVC automatically upon approval. Once the NVC is ready to get the ball rolling, they will contact you re: next steps.

[sgd2z]

Is the I-130 on file or approved? If you have an I-130 where the person is outside the US, they sent it to the NVC automatically upon approval. Once the NVC is ready to get the ball rolling, they will contact you re: next steps.

Thanks. I130 is approved. I called nvc today and learned that they have not yet entered the info in their system. They should have it in by next week. The recommendation from USCIS is to send a letter to USCIS saying that the 485 was applied in error and withdraw it while applying for consular process via NVC.