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Where to simulatenously file I-130 and I-485?

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matthewgt

Junior Member
What is the name of your state? Florida

My wife and I are sponsoring her parents' permanent residency, and saw online that if we file the I-130 and I-485 at the same time we should send it to the local office that has juridisdiction over where we live. That would, I assume, be our local Tampa field office. What worries me is that when I look at the website for the Tampa office it says they accept the I-485 but not the I-130, and where it lists exceptions it says nothing about filing the I-130 and I-485 simultaneously there.

Also, it seems we need to file separate I-130s for my wife's mother and father, as well as separate I-485s? Basically two sets of applications, one for the mother and one for the father.

Really appreciate anyone's assistance in answering my questions!

Take care.
 


ImmigAttyLana

Senior Member
For a few more weeks, you file everything with the Chicago lockbox if the parents are in the US lawfully at this time or entered the US lawfully. Everything (two sets of petitions, one for each) gets filed there and NOT with the local office.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

matthewgt

Junior Member
Thank you, Lana

Lana, thanks you for your prompt and helpful reply!

USCIS really needs to update their directions to be less confusing. The I-485 is very clear about filing at the Chicago lockbox facility, but the I-130 instructions clearly state that you should file at the local office. Don't know how I missed the I-485 mailing instructions, though; geez.

Thanks again!
 

ImmigAttyLana

Senior Member
It's really because the I-130 CAN be filed with the service center if it is being filed separately. If it is being filed together with the I-485, then it goes with the I-485. This is something that is very well known to immigration attorneys and that's why it is sometimes a good idea for people to consult with professionals.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

yat

Junior Member
Applied I130 seperately for my mother

Hi,
My mother is visiting in the US till Dec. I wanted to start her GC processing. So I applied for her I-130. Not sure when I will get the approval.
I was not aware that I could apply I-130 together with I-485. When they said concurrently I just thought we could apply simultaneously but not send them out TOGETHER. So now I dont want to wait till I-130 gets actually approved as it may take longer than Dec (20 days have already elapsed). So can I file 485 with the copy of 130 and receipt notice.
If so, where do I file them?
If not, what are my options apart from waiting for the 130 to get approved.

Any advise I may get on this will be deeply appreciated.

NOTE: I live in KS.
 

evcalyptos

Senior Member
Hi,
My mother is visiting in the US till Dec. I wanted to start her GC processing. So I applied for her I-130. Not sure when I will get the approval.
I was not aware that I could apply I-130 together with I-485. When they said concurrently I just thought we could apply simultaneously but not send them out TOGETHER. So now I dont want to wait till I-130 gets actually approved as it may take longer than Dec (20 days have already elapsed). So can I file 485 with the copy of 130 and receipt notice.
If so, where do I file them?
If not, what are my options apart from waiting for the 130 to get approved.

Any advise I may get on this will be deeply appreciated.

NOTE: I live in KS.
If you do what you suggest, file the I-485 now, your mother must NOT leave the US until she gets a travel document called Advance Parole. You can apply for it at the same time as the I-485 filing.
It routinely takes 80-90 days to receive the AP document and if she leaves before she has it in her hand, her case is abandoned (they are not kidding about this) and she waits outside the US for a visa application.
You may want to choose to do the visa application now anyway so that your mother may move when it is convenient for her.
 

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