Jump to content
Sign in to follow this  
tmac9wr

I-130 and I-485?

8 posts in this topic

Recommended Posts

Hello everyone. I'm a naturally born American citizen living in Brazil with my wife (who will be the future beneficiary of an IR1 visa). Her and I were married four years ago in Boston City Hall, and then moved to the USA shortly thereafter, without getting a visa for her.

I was under the impression that in order for her to get an IR1 visa, I'd need to send in an I-130 petition and she would need to send in an I-485. However, looking here, it sounds like all I need to do is file an I-130 and then we do an interview. Is this correct? If we need to file the I-485, is it possible to file the I-130 and I-485 concurrently?

Thanks in advance for any help.

Share this post


Link to post
Share on other sites

Form I-485 is filed to adjust the status in the US when beneficiary is in the US. And yes, I-485 can be filed concurrently together with I-130 so long beneficiary is in US and came here with some kinds of valid visa.

Ok thanks. We're currently living in Brasil, so does that mean the entire IR1 application process is based on the I-130 petition?

Share this post


Link to post
Share on other sites

Ok thanks. We're currently living in Brasil, so does that mean the entire IR1 application process is based on the I-130 petition?

Since you are both currently living in Brasil, then you only file the I-130, the I-485 is a form you will never have to fill out. She cannot return to the US without the proper visa.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Since you are both currently living in Brasil, then you only file the I-130, the I-485 is a form you will never have to fill out. She cannot return to the US without the proper visa.

Great, thanks! So that's the only step of the filing process if you're both living abroad? Obviously it's more complicated than just filling out that one petition, but the I-130 and future interviews are the only things we'll need to do for her to get her IR1 visa?

Share this post


Link to post
Share on other sites

Great, thanks! So that's the only step of the filing process if you're both living abroad? Obviously it's more complicated than just filling out that one petition, but the I-130 and future interviews are the only things we'll need to do for her to get her IR1 visa?

Filing the I-130 along with other required forms and documentation is the first step. After the petition is approved, additional forms and documents will need to go the NVC. However, since the NVC step is not until later, don't focus on it until after your I-130 is submitted.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Filing the I-130 along with other required forms and documentation is the first step. After the petition is approved, additional forms and documents will need to go the NVC. However, since the NVC step is not until later, don't focus on it until after your I-130 is submitted.

Ryan is correct, but whether your will be successful getting the IR1 visa will depend on how long she was in the USA, when you got married. You said you "moved to the USA" after marrying in Boston. OR, did you mean to say you moved to Brazil, and she never overstayed her visitor visa?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

Filing the I-130 along with other required forms and documentation is the first step. After the petition is approved, additional forms and documents will need to go the NVC. However, since the NVC step is not until later, don't focus on it until after your I-130 is submitted.

Ok great, thanks again for the information.

Ryan is correct, but whether your will be successful getting the IR1 visa will depend on how long she was in the USA, when you got married. You said you "moved to the USA" after marrying in Boston. OR, did you mean to say you moved to Brazil, and she never overstayed her visitor visa?

Oh whoops! That was a typo. We moved to Brazil after we were married. She actually overstayed her visa, but I spoke with an immigration lawyer and he said the rules is she needs to wait 2 years before she is be able to re-enter the US. It's been nearly four years, so we shouldn't have any trouble, right?

Edited by tmac9wr

Share this post


Link to post
Share on other sites

***Post violating the below quoted provision of the TOS removed. Section of post that was not a violation of the TOS returned.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


She doesn't need to wait outside of US even if she overstayed on her visa because she is eligible to file waiver to overcome this ground of ineligibility so long you could prove that you would experience extreme hardship (not the financial one, though) if she is not granted an immigrant visa to be with you in the US, which would be very hard since you have been living outside of the US for such a long time.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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
Sign in to follow this  
- 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.
×