I-485 RFE before I-130 is approved?

[greenwithenvy]

Hi all,

Since filing in October 2019 (spouse of US citizen filing AOS), I've been tracking progress using the receipt numbers of my 485 and my 131. However, until today I had never typed in the receipt number for my 130. It doesn't say anywhere that it was approved, it just says that it has been received... But I did get a RFE in December 2019, which I replied to. I've also completed biometrics.

Now I'm looking at moving my processing abroad, to consular processing from my home country. It says I can do so without re-filing my 130 if it is already approved.

I was under the impression that the USCIS would not move to process the 485 (biometrics, RFEs, etc.) if the 130 was not already approved.

Now I'm confused...can anyone explain?

Thank you for any info!

[greenwithenvy]

NOTE: The RFE I received in December was for my 485, not my 130. For the 130 all I have is a notification that it was received by the USCIS, not approved.

[Enub4]

Most people that send I-130 and I-485 together don't get the I-130 approved until the I-485 is approved.

I-485 can receive RFE (1 or more) before an interview is scheduled or it is approved. So what you have seen is normal.

Sorry, I don't have information on how to move your case to Consular Processing, but I guess that will take much more time and you will need to start the adjustment again (not the I-130 but the I-485 will no longer be valid, you will not get the fees back and you will need to pay fees for consular processing). I'm not an expert, this information is from reading the forum.

[bobm445]

That's what happened to us, 130 approved right after Adjustment of status interview (marriage Based). You might have to start whole process over again if you want to move back home. these days might take a while.