Everything posted by sssp
Hello, I am a greencard holder. Now, Planning to file I-130 for my wife and children under 21 years. They are on Adjustment of Status (Employmnet based). I have few questions on filling the I-130 form: Quesion 10: Alien Registered Number. Do I have to fill with the A# that was alloted to them under employment based processing. The question # 14: If your relative is currently in U.S., Complete the following: He or She arrived as a: This question asks for I-94 record and my children and wife went to India and came back on Advance Parole and it will expire in Jul'2011. Do I fill the details even though I-94 is going to be expired soon?. Or do I have to enclose a seperate letter for this purpose to ensure they are in status? Also, Instructions for I-130 says "seperate petitions are not required for unmarried children under 21". If so, how can I make sure two of my children are incorporated in I-130? I appreciate all your help.
You need to file I-485 based on I-130 approval. That is for sure. I got this information based on my talk with Murthy's firm attorney. You EB processing and Family based processing are two different streams. However, what I am not sure is, after filing FB I-485, Whether USCIS will shorten the application processing time because of your present EB I-485 or not. Anyways, that has no bearing on your applying I-485. Hope this helps. Actually since your wife is already a citizen, you should have applied I-485 along with I-130 petition. If she became USC after the petition, you can immediately send a letter to USCIS or NVC as the case may be, requesting them to upgrade your petition to Immediate Relative (IR). You need to attach I-130 receipt notice(if it is not approved yet) or approval notice (if approved) and her naturalization certificate. you can also apply I-485 along with this letter. The only thing you need to know is where to send if you are sending them together. As per documentation, upgrade request and I-485 are directing to two different P.O.Boxes. If you are clear about this point, please let me know. you can call USCIS on this matter. Hope this helps.
Thanks for your explanation. But I have a question here. If I apply I-130 for my wife now (without applying children under 21) and after my naturalization in another year, I understand I have to apply I-130 at that point to my child. Can't I apply I-130 now (as LPR)for child so that that can be converted to IR category? I appreciate your help.