Do I need a valid visa for I-130 ?

[k-and-j 0]

Hi,

I entered the US with a visitor visa (which was valid for 1 month) in 2002.

But stayed here since.

Then married a US citizen in sept. 2007 (we had a child in 2006).

We decided to get the green card processed.

So we have to begin with the I-130, my question is :

do we need a valid visa to fill the i130 ?

(my paaseport is still valid).

Thanks for you help,

Happy New Year.

K-and-J

[Gaby&Talbert 1]

Hi,

I entered the US with a visitor visa (which was valid for 1 month) in 2002.

But stayed here since.

Then married a US citizen in sept. 2007 (we had a child in 2006).

We decided to get the green card processed.

So we have to begin with the I-130, my question is :

do we need a valid visa to fill the i130 ?

(my paaseport is still valid).

Thanks for you help,

Happy New Year.

K-and-J

You should be filing the 485 along with the I-130. You entered legally so you are supposed to file AOS and I-130 simultaniously.

[Kez/JWolf 6]

Hi,

I entered the US with a visitor visa (which was valid for 1 month) in 2002.

But stayed here since.

Then married a US citizen in sept. 2007 (we had a child in 2006).

We decided to get the green card processed.

So we have to begin with the I-130, my question is :

do we need a valid visa to fill the i130 ?

(my paaseport is still valid).

Thanks for you help,

Happy New Year.

K-and-J

You need to file the I-130 and the AOS package together. read the guides here on VJ. You only need a visa to enter the US not if you are already here.

http://www.visajourney.com/forums/index.ph...page=i130guide2