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Help Needed!!!! I 130 Petition

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  • Help Needed!!!! I 130 Petition

    Hello, I am a green card holder. I have applied for my wife who is residing in US right now. Her Country/Passport is from Bangladesh

    I-130 approved (Priority date): Feb 2, 2015. (Texas)
    Biometrics (Nov 24,2015)
    I -485 Adjustment of status filed and approved
    I-765 EAD Approved (Notice: Jan 19, 2016)
    I-131 Application for Travel Document Approved (Notice: Jan 19, 2016)

    Nothing happened between. Second time approval
    I-765 EAD Approved (Notice: Oct 18, 2016)
    I-131 Application for Travel Document Approved (Notice: Oct 18, 2016)

    CHANGED STATE DUE TO job. Updated address with USCIS and also received couple of letters from USCIS in current address.

    Applied for 3 rd time for I-765 & I-131. No interview date nothing in between 2 years since biometrics done. Had 2 info pass saying nothing negative shown in the file and we have to wait. Right now in Visa Bulletin its Oct 2015 so almost 8 months passed since we were current. PLEASE HELP WHAT TO DO NEXT??? I am worried. We have a 14 months kid also.

  • #2
    When did she file Form I-485? You say it has been approved. If so, that is the end of her immigration journey

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    • #3
      Originally posted by inadmissible View Post
      When did she file Form I-485? You say it has been approved. If so, that is the end of her immigration journey
      Hello Sorry we filed the I -485 from Texas

      Comment


      • #4
        When did she file Form I-485? You say it has been approved. If so, that is the end of her immigration journey

        I assume your concern is because her Form I-485 Application to Adjust Status has not been approved. Did she file it after her priority date was current, and was she in status at that time?

        Comment


        • #5
          Originally posted by inadmissible View Post
          When did she file Form I-485? You say it has been approved. If so, that is the end of her immigration journey

          I assume your concern is because her Form I-485 Application to Adjust Status has not been approved. Did she file it after her priority date was current, and was she in status at that time?
          My sincere apology. I was wrong. I-485 Application to Adjust Status has been approved. We applied when USCIS suddenly made all case current for a month in 2015. My wife was on a student visa where I met her and married her on Nov 2014. So with I -485 she got Work authorization, Advance parole to travel . Meanwhile for I 130 notice it said our case was handed to NVC to determine consular and other visa issues.

          My problem stands with them. We haven't got any interview notice and also not sure whether NVC has forwarded the application to San Bernardino field office even our case is current for 8 months and biometrics have been taken around 2 years ago.

          Comment


          • #6
            Originally posted by saimon50 View Post
            My sincere apology. I was wrong. I-485 Application to Adjust Status has been approved. We applied when USCIS suddenly made all case current for a month in 2015. My wife was on a student visa where I met her and married her on Nov 2014. So with I -485 she got Work authorization, Advance parole to travel . Meanwhile for I 130 notice it said our case was handed to NVC to determine consular and other visa issues.

            My problem stands with them. We haven't got any interview notice and also not sure whether NVC has forwarded the application to San Bernardino field office even our case is current for 8 months and biometrics have been taken around 2 years ago.
            That doesn't make any sense. You are confused about several things here.

            First, if the I-485 were approved, that would mean she is done -- she is already a permanent resident and has a green card, and the EAD and Advance Parole are useless. It's not possible for I-485 to be approved if the I-130 is not approved, because the I-485 is based on the I-130. You probably mean to say that she filed the I-485 and it is pending. The EAD and Advance Parole are only for use while her I-485 is pending.

            Second, you wrote "I-130 approved (Priority date)", but the priority date is the date when the I-130 was filed, not when it was approved. It's unclear whether the date you gave was the date the I-130 was filed (which is the priority date) or the date the I-130 was approved.

            In your post you never clearly stated when her I-485 was filed. She would only have been eligible to file I-485 if her category and priority date was able to file that month according to USCIS's visa bulletin. I will assume that this condition was met (or they would probably have rejected it long ago). If you specify the dates we can check for you.

            It does seem like a visa number should be available for her since earlier this year, so something else must be holding it up.

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

            Comment


            • #7
              Originally posted by newacct View Post
              That doesn't make any sense. You are confused about several things here.

              First, if the I-485 were approved, that would mean she is done -- she is already a permanent resident and has a green card, and the EAD and Advance Parole are useless. It's not possible for I-485 to be approved if the I-130 is not approved, because the I-485 is based on the I-130. You probably mean to say that she filed the I-485 and it is pending. The EAD and Advance Parole are only for use while her I-485 is pending.

              Second, you wrote "I-130 approved (Priority date)", but the priority date is the date when the I-130 was filed, not when it was approved. It's unclear whether the date you gave was the date the I-130 was filed (which is the priority date) or the date the I-130 was approved.

              In your post you never clearly stated when her I-485 was filed. She would only have been eligible to file I-485 if her category and priority date was able to file that month according to USCIS's visa bulletin. I will assume that this condition was met (or they would probably have rejected it long ago). If you specify the dates we can check for you.

              It does seem like a visa number should be available for her since earlier this year, so something else must be holding it up.
              Yes I was confused.

              Find the accurate time line please:

              I-130 Receipt Date: Feb 3, 2015 (Priority date): Feb 2, 2015. (Texas), Notice date: April 13,2015
              I -485 Adjustment of status filed and Notice date:November 2,2015
              Bio-metrics done (Nov 24,2015)
              I-765 EAD Approved (Notice: Jan 19, 2016)
              I-131 Application for Travel Document Approved (Notice: Jan 19, 2016)

              Nothing happened in between. Second time applied for EAD and application for travel document.

              I-765 EAD Approved (Notice: Oct 18, 2016) (2nd Time)
              I-131 Application for Travel Document Approved (Notice: Oct 18, 2016) [2nd Time]

              CHANGED STATE DUE TO job. Updated address with USCIS and also received couple of letters from USCIS in current address.

              No interview call nothing. Applied for I-765 and I-131 for the 3rd time. Her country of citizenship is : Bangladesh and our case was current from Jan, 2017 as per visa bulletin.

              I had two infopass session with USCIS field office in San Bernanrdino , CA. First time they told they don't see anything negative in the file and second time they told us to contact US citizenship & Immigration SVC, California Service Center (the address was written in the I 130 Petition for Alien relative approval notice dated April 13,2015). We called and they have set up an inquiry. Sorry for the long post.

              Comment


              • #8
                Here is the case status as per I 485 receipt number
                Attached Files

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