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Green Card Interview, But I-130 Still Pending

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Let's talk about the I-485 Interview Notice. Hi, I’m Jim Hacking, an immigration lawyer practicing law throughout the United States at our offices in St. Louis, San Diego, and Washington, DC. 

Today’s video comes from a question we received in our Immigrant Home Facebook group. The person asked,Jim, I received my green card interview date notice, my I-485 Interview Notice, but it doesn’t say anything about the I-130. My I-130 has not yet been approved. Am I in trouble?” The answer to this question is NO; you are not in trouble.

The U.S. Citizenship and Immigration Services (USCIS) does not send an interview notice for the I-130. So, if you file I-130 and I-485 together, that’s your marriage-based petition for an alien relative and application for adjustment of status.

The Guidelines

If you filed those two applications together, the interview notice would come on the I-485 case and the I-485 case number. There won’t be a reference to the I-130. And you might be wondering, as this person did, “Does this mean that my I-130 has been approved? Does this mean that something’s wrong with my marriage-based green card petition?”

No, the thing is that your I-130 and your I-485 will be adjudicated together. They will both be covered at your green card interview. So, of course, if you watch our videos, you’re going to have two main lines of inquiry at every green card interview.

One, is this a valid marriage? And two, is this the kind of person we want to allow to stay in the United States? Those are the questions covered by the I-130, the I-130A, and the I-485. So, if you only receive your I-485 interview notice from the immigration services, do not be alarmed. Do not be worried. Nothing is wrong.

Separate Filing of Form I-130

Now, there are certain cases where the I-130 is filed separately, and in those instances, you will receive an interview on the I-130 when it’s a standalone I-130. That could be if the person is overseas, which is pretty rare. Or more likely, if the person is in the United States but perhaps is not eligible to apply for a marriage green card interview at this time.

You might have an interview on the I-130 by itself, and of course, in that situation, you would receive an I-130 notice for an interview by itself. But that’s pretty rare. Typically, if they’re smart and eligible, most people file the I-130 and the I-485 together, and when you receive that actual appointment notice, that’s only for the I-485. It doesn’t mean that your I-130 was denied, nor does it mean it was approved. It just means that they’re going to talk about that with you and your spouse or your sponsoring petitioner at the interview.

Hopefully, that makes sense, nothing to worry about here. 

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Get in Touch With Us

If you have questions about it or want to know more green card interview tips, give us a call at 314-961-8200. You can email us at [email protected]. Be sure to join us in our Facebook group called Immigrant Home.

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Thanks a lot, and have a great day!

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