I 130 - With I-485 (Employment based) pending


Recommended Posts

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.

Link to comment

If a lawful permanent resident (LPR) files the I-130 petition on behalf of his/her spouse, that same I-130 petition will also include any unmarried children under age 21. They do not need a separate I-130 petition. This is because an I-130 petition by an LPR for his/her spouse is considered a family-based second preference petition. Preference petitions include derivative applicants.

However, if a US citizen files an I-130 petition on behalf of his/her spouse, it does NOT include any unmarried children under age 21. The US citizen will need to file separate I-130 petitions for each child. This is because an I-130 petition by a USC for his/her spouse is not a "preference petition", it is for an "Immediate Relative" (this is a legal term). Petitions for Immediate Relatives do not have any derivative applicants.

Link to comment

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.

Link to comment

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.

Link to comment

Archived

This topic is now archived and is closed to further replies.