Family based AOS
I will be USC on Oct 2 and have already filed I-130 for my wife in Dec 2008. I am ready to mail I-485, I-765, I-131 and G-325A to Chicago Lock box on my oath day alongwith a check for $1010. Is this OK.
Moreover, I am asking my sister in law to sign as joint sponsor.
Now, my sister in law, who is USC have also already filed I-130 for my wife about 5 years ago as sister of USC, which is taking 12 years. What shall we do now. Should my wife send a letter to National Benefit Center to withdraw the I-130 filed by my sister in law, or does my sister in law have to write to withdraw. If we do not withdraw the previous I-130, can we proceed concurrently and withdraw at the time of interview. Who actually withdarws the I-130. What if we do not withdraw the previously filed I-130, can the second I-130 be approved and AOS adjudicated. Please reply.
Should my wife send a letter to National Benefit Center to withdraw the I-130 filed by my sister in law no, of course not. You never know what could happen to you and your I-130. Sisters I-130 has no effect on your I-130.
So, you mean we do not need to withdraw previously filed I-130 by sister in law. So, as I understand, if some one has filed an I-485 based on employment and now they want to file I-485 based on marriage, do they need to withdraw previously field I-485. Does I-485 withdrawal and I-130 withdrawal have any parallels, or they are the same
USCIS will withdraw the other I-130 when or before they approve your wifes I-485. You dont need to withdraw anything. If you ask them to withdraw the other I-130, they might make a mistake and withdraw the one that you filed. So just leave the other one as it is and let USCIS worry about it.