I-130 with I-485 complex submitted at the same time ?

[Royme 0]

Hi, everyone.

I'm currently a F1 visa student in US and my wife is a green card holder.

We went to USCIS service center in louisville ,KY to submit the I-130 form in order to start the "step 1" as said on the USCIS website in terms of F2A category(http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=be1ea6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=be1ea6c515083210VgnVCM100000082ca60aRCRD).

But surprisingly, the officer there told us to file I-485 and some other documents such as I-864, I-643, I-693, I-765,I-131( She called it I-485 complex) and submit these along with I-130. We're really confused, cause as it is said on the USCIS website, we should submit I-130 first and wait for the priority date in our immigrant visa category to become current, then we're able to start Step 2 which is submitting I-485. Am i right , or i just simply misunderstand?

Could someone help me , please?

Thanks.

[Darnell 8,478]

is best to submit I-130 and I-485 plus all ancillary stuff together, at the same time.

Please review the guide section, choose the guide appropriate for you.

*** moving to AOS/work/tourist/student forum ***

Edited July 11, 2011 by Darnell

[Little_My 463]

Could it be that in stead of "complex", the person said "concurrent"..? It's called concurrent filing of I-130 and I-485. I am not familiar with an LPR petitioning for a non-immigrant visa holder so I can't comment more on that, but when a USC petitions for a foreign spouse who is already in the US, I-130 and I-485 are filed concurrently.

[milimelo 4,199]

You were misinformed at USCIS - btw, you do not file a petition with e local office, you read the instructions and send it to Chicago Lockbox.

You have no basis for adjustment of status as spouse is LPR. File ONLY I-130 and in the meantime stay in student status until the visa number is available. Follow priority dates on visa bulletin (state.gov) and when your number is current you can file I-485 with a copy of your I-130 notice.

[Kathryn41 3,205]

Yes, it does appear that you were mis-informed. If your wife is a US citizen you can concurrently file the I-130 and I-485. Since your wife is a Permanent Resident she must file the I-130 first and then you must wait until the priority date becomes current. When the priority date becomes current, you will then be advised to file the I-485 - but not before. If your wife becomes a US citizen while you are waiting for the priority date to become current, she should notify USCIS right away because that means your priority date is automatically current and you can file the I-485.

You will need to keep your status in the US valid while you wait in order to be allowed to adjust status from within the US. If your legal status expires then you would have to complete the process of becoming a permanent resident from outside of the US.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=be1ea6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=be1ea6c515083210VgnVCM100000082ca60aRCRD

[Darnell 8,478]

ah - LPR is petitioner, my bad - ignore anything I've written here.

[Royme 0]

Yes, it does appear that you were mis-informed. If your wife is a US citizen you can concurrently file the I-130 and I-485. Since your wife is a Permanent Resident she must file the I-130 first and then you must wait until the priority date becomes current. When the priority date becomes current, you will then be advised to file the I-485 - but not before. If your wife becomes a US citizen while you are waiting for the priority date to become current, she should notify USCIS right away because that means your priority date is automatically current and you can file the I-485.

You will need to keep your status in the US valid while you wait in order to be allowed to adjust status from within the US. If your legal status expires then you would have to complete the process of becoming a permanent resident from outside of the US.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=be1ea6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=be1ea6c515083210VgnVCM100000082ca60aRCRD

Thank you so much. Your information is so helpful! I still have a question and here it is. My F-1 visa will expire this coming fall and my I-20 will expire in the end of next year. Will my application of immigration be a problem if i want to extend my current F-1 visa this year? And i will have to leave America in the end of next year if my priority date is still not current, am i correct?

ah - LPR is petitioner, my bad - ignore anything I've written here.

Thanks anyway : ). You guys are amazing.

You were misinformed at USCIS - btw, you do not file a petition with e local office, you read the instructions and send it to Chicago Lockbox.

You have no basis for adjustment of status as spouse is LPR. File ONLY I-130 and in the meantime stay in student status until the visa number is available. Follow priority dates on visa bulletin (state.gov) and when your number is current you can file I-485 with a copy of your I-130 notice.

Thank you so much!

Could it be that in stead of "complex", the person said "concurrent"..? It's called concurrent filing of I-130 and I-485. I am not familiar with an LPR petitioning for a non-immigrant visa holder so I can't comment more on that, but when a USC petitions for a foreign spouse who is already in the US, I-130 and I-485 are filed concurrently.

We're pretty sure that lady said "complex" at that time. Thanks a lot for your advice : ). I really appreciate it.