Many Thanks and new Question

来源: nirvana_wander 2017-04-19 12:03:12 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (2909 bytes)
回答: Reply8632112017-04-19 11:25:02

My question:
-Was your son born after you got your green card? If yes, then your son could have filed I-485 after he entered US using the following to join benefits, and thus you did not need to file I-130. It seems you made a big mistake to delay your son to get the green card.

No, my song born before I got green card.

  1. Why our case was forwarded to NVC? Is this normal? -The problem is that whether your son still has a legal status (i.e. whether his B-2 I-94 expires or not). If his B-2 I-94 expired, then he cannot file I-485 within US, and he has to go to China to apply for the immigrant visa. Thus, it is very normal for USCIS to forward the approved I-130 to NVC for process for the immigrant visa application.

         My son still has a legal B2 status (we extended his B2 status in every 6 months) , is it still normal for USCIS to forward the approved I-130 to NVC?

2 My son's PD will be current in next month, can we file I-485 (and I-765, I-131) for adjustment of status? Or we have to wait NVC to process our case (my so is in US now)-See above.

3.Do we need to go to local USCIS asking for filing I-485?-No.

4 If we can still file I-485 in US, what we need to do with NVC?-If he still has a valid B-2 status (i.e. he extended his B-2 within US and the new I-94 does not expire), then he can just file I-485 directly when the PD is current, and then just inform NVC to stop processing your case there.

My son still has a legal B2 status and valid I-94, PD is current in May, so we can just file  I-485 to USCIS and ask NVC to stop processing?

Can we also file I-765 for EAD (EAD is for getting SSN)  and I-131 for AP?  

Do we need USICS's permission for filing I-485 before we file I-485? 

Really appreciate your help and best wish to you.

所有跟帖: 

Reply -863211- 给 863211 发送悄悄话 863211 的博客首页 (4246 bytes) () 04/19/2017 postreply 15:01:07

Really appreciate your help. I am sure you help a lot people her -nirvana_wander- 给 nirvana_wander 发送悄悄话 (44 bytes) () 04/19/2017 postreply 18:41:24

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