Jump to content
ScandiMama

Must one file the I-130 and the I-485 at the same time?

8 posts in this topic

Recommended Posts

Sorry if this is in the wrong forum...

I used to have a green card, but then we moved to my country and stayed there for many years. Thus, obviously, my green card was no longer valid, and I gave it back to the embassy and did the paperwork to give it up. (No other choice, as I had stayed away so long. Also, I did not think I would ever again need it, anyway.) This was based on the advice of the embassy, so that I would be able to enter into the US without issues at the border.

So, over two months ago we came to the US to spend time with relatives, especially dh's Grandpa, who is very old. It was a now or never sort of situation, as my work allowed a longer vacation. While here, my husband was offered a job he could not refuse. So, having entered through the Visa Waiver Program, we now need to file for AOS, as far as I understand. As my 90 days will be up in less than a month, I do not think that I can get the doctor's appointment done, with results coming early enough. Thus the question:

Must my husband file the I-130 together with the I-485, or is it possible to file the I-130 first and the I-485 e.g. some months later?

TIA!

Share this post


Link to post
Share on other sites

**** Moving from CR-1 spousal visa to AOS from Tourist visa forum *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

Thank you.

He is a citizen.

I am feeling really uncomfortable about the idea of overstaying. If something went wrong, I am wondering if that could - in some worst case scenario - keep me from being able to travel to the US. Considering that we have young children that cannot travel such a long way with dad alone, and aging relatives in the states, that would be really hard for everyone.

But in theory, we do not need to be ready to file the I-485 yet... Is it then of any benefit to file the I-130 right away?

Share this post


Link to post
Share on other sites

Filing the I-130 will benefit you in no way if you intend to remain in the US. The I-130 is to establish that there is a relationship for which you can apply for a visa to come to the U.S. or apply for a green card if already in the U.S. The I-485 is what gives you the green card if you file from inside the U.S.

Share this post


Link to post
Share on other sites

It is best to file them together, although not necessary. The thing is, it is the I-485 that gives you a period of authorized stay, not the I-130. I'm not sure why your I-693 (medical) would take so long, though - I did mine, and went in a couple of days later for them to check the TB thing, and picked up the package. Does it take a long time to get an appointment with a civil surgeon where you are? Mine was at a walk-in clinic, so it really only did take a couple of days all told.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×