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

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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.

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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.

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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.

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I have a question on I-130 and I-485.

Have a I485 (Employment based) pending since 2005 under EB3 category.

Now my wife has applied I-130 as US citizen, can we use previously file 485 or will need to file a new 485.

Appreciate guidance.

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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.

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