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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.
-There is a mistake in my above statement (typing error, it should be "If no, ....."). The correct statement is that if your son was born before you got the green card, he can file I-485 directly using following to join, and thus you don't need to file I-130. So, you actually made a mistake, but it does not  matter now because the I-130 PD is current.

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?-No, but it does not matter. Just file I-485 using the approved I-130 (if PD is current). If PD is not current, just file I-485 using following to join.

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? -Right. Just tell NVC that your son will file I-485 adjustment of status within US, not apply for the immigrant visa in China.

Can we also file I-765 for EAD (EAD is for getting SSN)  and I-131 for AP?  -Yes, of course.

Do we need USICS's permission for filing I-485 before we file I-485? -No. The IO will tell your son is qualified for I-485 because he has a legal status (B-2). Provide the copy of B-2 approved notice with the I-94 and the copy of the B-2 visa and entry stamp pages of the passport.

Really appreciate your help and best wish to you.

 

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