I-130 + I-480, at same time?

[Orakulo - BR 1]

Hello everyone,

I am about to send all my paperwork to the immigration, but I am not sure if I can send the I-485 along with the I-130.

Let me explain my case better:

My mother is American citizen (born in US), I am over 21 and married living in the US since May of 2010. I came with tourist visa and recently I had my visa extension approved. My wife is here with me and we got married here, besides living together for 7 years in Brazil.

Should I send both applications at the same time?

Thanks folks!

[Jojo92122 1,924]

It takes 8-10 years for a US citizen to petition for a married son.

It is illegal for a person to come to the US on a tourist visa with the intention to adjust his status.

You cannot file the I-130. Your mother must do that. In addition, she must be domiciled (residing) in the US to file the I-864.

You cannot adjust your status (file for adjustment of status, I-864)until your Priority Date becomes current in 8-10 years.

Furthermore, your mother filing of the I-130 does not give you any rights to live or work in the US. You must return to Brazil and wait until your PD become current.

Living or working illegally in the US will result in a ban. You could be ban for 3 years, 10 years, or for life if you live or work illegally in the US. The time you live or work illegally while waiting for a decision on the I-130 or I-485 will be counted against you. It is only forgiven if you actually qualify, and based on the information you have provided, you definitely do not qualify to adjust your status at this time.

------------------------

Have you look into seeing if you are a US citizen based on your mother's US citizenship? When were you born?

Edited January 5, 2011 by Jojo92122

[YuAndDan 153]

How would that fly??

You are here on a tourist visa?? Are you a US citizen, or have a green-card (LPR)??

How can you adjust status, you mother can file an I-130 for you if you are not a citizen or LPR to get a visa, but it will take years to get approved and moved to NVC where it will have to wait for a Visa number.

If you are a citizen, you may file an I-130 for your wife, however should not file an I-485, entry to the USA after being married shows intent to immigrate, and can cause adjustment of status to fail.

[Harpa Timsah 13,258]

If your mother was born in the US and meets some residency requirements, then you were a US Citizen at birth and should have not used a tourist visa to enter the US.

If your mother does not meet the residency requirements, then I believe you are in the F3 category and will need to wait for a visa number to become available after you send in your I-130. If you are out of status when your priority date is current, then you cannot adjust status in the US at all. Since it will take 8 years-ish for your priority date to become current, then you will definitely not still be in status on your current tourist visa at that point - even with extension.

[YuAndDan 153]

If your mother was born in the US and meets some residency requirements, then you were a US Citizen at birth and should have not used a tourist visa to enter the US.

If your mother does not meet the residency requirements, then I believe you are in the F3 category and will need to wait for a visa number to become available after you send in your I-130. If you are out of status when your priority date is current, then you cannot adjust status in the US at all. Since it will take 8 years-ish for your priority date to become current, then you will definitely not still be in status on your current tourist visa at that point - even with extension.

Good point. May be able to claim citizenship.

REFER to this document: http://www.uscis.gov/USCIS/Resources/A4en.pdf

If you can prove and claim citizenship and get certificate of US citizenship, then you should be able to file an I-130 for a spouse visa for wife.

[Onituan 0]

Ok i don't want to say you don't have the right just like that.

First; does your mother live's here in the US??

If she does not she cannot apply for you.

Cause as the other person say Your mother has to apply for you..

And let me tell you the answer to your question is in the i130 instructions.. Read it all!!! You can send it both but first your nother have to meet all requirements.

Many blessing for you and your wife!

[Orakulo - BR 1]

It takes 8-10 years for a US citizen to petition for a married son.

It is illegal for a person to come to the US on a tourist visa with the intention to adjust his status.

You cannot file the I-130. Your mother must do that. In addition, she must be domiciled (residing) in the US to file the I-864.

You cannot adjust your status (file for adjustment of status, I-864)until your Priority Date becomes current in 8-10 years.

Furthermore, your mother filing of the I-130 does not give you any rights to live or work in the US. You must return to Brazil and wait until your PD become current.

Living or working illegally in the US will result in a ban. You could be ban for 3 years, 10 years, or for life if you live or work illegally in the US. The time you live or work illegally while waiting for a decision on the I-130 or I-485 will be counted against you. It is only forgiven if you actually qualify, and based on the information you have provided, you definitely do not qualify to adjust your status at this time.

------------------------

Have you look into seeing if you are a US citizen based on your mother's US citizenship? When were you born?

As far as I know, the processing time for I-130 (son or daughter over 21 married is 5 months) at least is what the USCIS site shows and 4 months for the I-485.

My mother is currently living here (Florida). Also I'm not illegal I have turist visa which allow me to stay for the next 6 months.

Good point. May be able to claim citizenship.

REFER to this document: http://www.uscis.gov/USCIS/Resources/A4en.pdf

If you can prove and claim citizenship and get certificate of US citizenship, then you should be able to file an I-130 for a spouse visa for wife.

My mother went to Brazil when shes was child, and just returned 6 years ago. So I would say I do not qualify for the citizenship.

Ok i don't want to say you don't have the right just like that.

First; does your mother live's here in the US??

If she does not she cannot apply for you.

Cause as the other person say Your mother has to apply for you..

And let me tell you the answer to your question is in the i130 instructions.. Read it all!!! You can send it both but first your nother have to meet all requirements.

Many blessing for you and your wife!

Yes she lives here in the US.

I was reading the the I-130 instructions, and at least for is not clear if should send the I-485 with the I-130, So decided to look for some help over the internet and I found you guys. I know when someone gets married with a US citizen you can send both together, but in my case I am still very confused

Cheers folks!!!

Edited January 5, 2011 by Orakulo - BR

[milimelo 4,167]

As far as I know, the processing time for I-130 (son or daughter over 21 married is 5 months) at least is what the USCIS site shows and 4 months for the I-485.

. I know when someone gets married with a US citizen you can send both together, but in my case I am still very confused

Cheers folks!!!

1. You would be Family based visa, 3rd preference category - married sons and daughters of USC

2. The wait time is 10 years - right now they are issuing visas for those who submitted applications at or before 01JAN01

3. NO, you can't remain in the US beyond the date on your I-94 - also note that you can't work on a tourist visa - that's illegal - could get you a significant ban on entering the US (3, 5, 10 yrs of lifetime).

4. USCIS timeline is one thing - your petition may be approved in 6 months, but you still get another 9 years wait (petition sent to storage) until NVC starts processing your case and assigning visa number

5. You can't send I-485 when you don't have current priority date number so 4 months processing DOES NOT apply to you at this time.

[Brother Hesekiel 2,235]

Your mother will send in an I-130 and--later-- the Affidavit of Support for you. Once approved, which can take only 4 to 6 months indeed, the case gets a priority date assigned which is based on your preference category. At the current pace, it will take about 8 or more years until your date will become current and the case gets adjudicated by NVC.

In 2019 or 2020 (or even 2021) when your case is ready to be processed, you can adjust status if you are legally present in the US and no adverse circumstances such as a bar come into play. If you're outside the US, you would apply for an immigrant visa in Brazil.

[Orakulo - BR 1]

Well, I'm really getting more and more confused. I went to three different lawyers, and every single one told me different things.

Some points to consider:

1- It seems the I-130 really is taking 5 months, the problem is availability of visa to change my status. One of the lawyers told me he had causes exactly as my case that the whole process took less the 1 year, and in these cases he filled I-130, I-864 and I-485 (with the medical papers)at the same time.

2- Nobody was clear about my wife, if she needs to wait until I become a resident and start a new process where I'll be request everything for her. Or, she will get the residence when I get mine.

3- Another suggestion would be apply to everything together plus I-131 (from US) so then I can go to Brazil until everything is done. Meanwhile can I come to visit as tourist?

Last but not least, my mother is in a very delicate medical condition, is this any helpful for my process? Can she ask for to speed up the process or anything like that, as long she can prove her medical condition?

Thanks again everyone

[milimelo 4,167]

Well, I'm really getting more and more confused. I went to three different lawyers, and every single one told me different things.

Some points to consider:

1- It seems the I-130 really is taking 5 months, the problem is availability of visa to change my status. One of the lawyers told me he had causes exactly as my case that the whole process took less the 1 year, and in these cases he filled I-130, I-864 and I-485 (with the medical papers)at the same time.

You want to be specific and say you are a married son of a USC - F3 visa category. 8-10 yr wait, nothing that can be done earlier.

2- Nobody was clear about my wife, if she needs to wait until I become a resident and start a new process where I'll be request everything for her. Or, she will get the residence when I get mine.

Again, the whole family of the married son of USC will get a visa (any children under 21 yrs as well). What's not clear?

3- Another suggestion would be apply to everything together plus I-131 (from US) so then I can go to Brazil until everything is done. Meanwhile can I come to visit as tourist?

You have no basis for filing I-131 - you're not adjusting status yet as the visa number is not available. You can however use a tourist visa for visiting - nothing wrong with that, just can't stay beyond authorized time on I-94.

Last but not least, my mother is in a very delicate medical condition, is this any helpful for my process? Can she ask for to speed up the process or anything like that, as long she can prove her medical condition?

No, that does not help to speed up the process at all.

Thanks again everyone

[Orakulo - BR 1]

Thanks for the answers.

I guess a just have 2 options: either give a shot or comeback.

[milimelo 4,167]

Thanks for the answers.

I guess a just have 2 options: either give a shot or comeback.

How so? Give what a shot? If Adjustment of status - go right ahead, USCIS will be very happy to take your money and then deny the AOS - you don't get the money back.

[Harpa Timsah 13,258]

Here is the january 2011 Visa Bulletin.

http://travel.state.gov/visa/bulletin/bulletin_5212.html

As you can see, your category, 3rd, is currently at January 2001.

There is also some reading about priority dates and available visa numbers.

[Orakulo - BR 1]

How so? Give what a shot? If Adjustment of status - go right ahead, USCIS will be very happy to take your money and then deny the AOS - you don't get the money back.

See that's what I am talking about, 2 of the lawyers I went told me that they send the money back, if the visa is not available.

Don't get me wrong I'm not saying you are wrong, but as said before I'm getting crazy because everyone tells me a different story. And to be honest I don't trust immigration lawyers.

Here is the january 2011 Visa Bulletin.

http://travel.state.gov/visa/bulletin/bulletin_5212.html

As you can see, your category, 3rd, is currently at January 2001.

There is also some reading about priority dates and available visa numbers.

I checked the visa bulletin, I just got disappointed, I thought the USCIS times were "right"

Damn it seems like in US once you hit 21 you are no longer son LOL!

Edited January 5, 2011 by Orakulo - BR