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.
- 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.
