I-130 and I-485?

[tmac9wr 0]

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.

[tmac9wr 0]

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?

[Ryan H 3,790]

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.

[tmac9wr 0]

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?

[Ryan H 3,790]

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.

[pushbrk 12,096]

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?

[tmac9wr 0]

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 May 26, 2015 by tmac9wr

[Ryan H 3,790]

***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.