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Mango & Peach

When is best to apply for I-130 and I-485?

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Filed: Country: Philippines
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Hi,

Just got married last 6th April in court and yesterday in church. I am the US citizen and my husband is on an B2 visa and his I-94 is expiring in 2 weeks time, my questions are:

1) When is the best time to file the I-130 and I-485?

2) My husband has kids which I would also like to petition but are still in their home country. Is it best to file an I-130 all in one time?

3) We're thinking of seeking the help of a paralegal instead to save on some fees which we can use for petitioning his childre, is this a good decision?

Thanks and God bless...


"The Lord is my Shepherd, I shall not want."

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Filed: Other Country: China
Timeline

Hi,

Just got married last 6th April in court and yesterday in church. I am the US citizen and my husband is on an B2 visa and his I-94 is expiring in 2 weeks time, my questions are:

1) When is the best time to file the I-130 and I-485?

2) My husband has kids which I would also like to petition but are still in their home country. Is it best to file an I-130 all in one time?

3) We're thinking of seeking the help of a paralegal instead to save on some fees which we can use for petitioning his childre, is this a good decision?

Thanks and God bless...

If his plan is to stay and adjust status and he told no lies when he entered the USA, then NOW is the time to file the I-130 and I-485 for the husband. You can file I-130 petitions for each child living abroad and they can follow the CR2 visa process.

Caution. Adjusting status means your husband must remain in the USA until he has a green card or advance parole. See the applicable guide here. Only children who were not yet 18 on your marriage date can immigrate as step children. Don't file I-130 petitions for children who were over 18 when you married their parent.


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

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A Warning to Green Card Holders About Voting

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Edited by Ryan H

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*

 

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Filed: Country: Philippines
Timeline

If his plan is to stay and adjust status and he told no lies when he entered the USA, then NOW is the time to file the I-130 and I-485 for the husband. You can file I-130 petitions for each child living abroad and they can follow the CR2 visa process.

Caution. Adjusting status means your husband must remain in the USA until he has a green card or advance parole. See the applicable guide here. Only children who were not yet 18 on your marriage date can immigrate as step children. Don't file I-130 petitions for children who were over 18 when you married their parent.

Thanks a lot for a fast reply.

What will be the consequences if we file his petition after his I-94 expires? Budget wise, if we will petition all his kids, it will require pretty sum of money.

What happens if the USCIS receives the docs passed his I-94 validity? Can we also file for his kids after a month of filing his?


"The Lord is my Shepherd, I shall not want."

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Filed: Other Country: China
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Thanks a lot for a fast reply.

What will be the consequences if we file his petition after his I-94 expires? Budget wise, if we will petition all his kids, it will require pretty sum of money.

What happens if the USCIS receives the docs passed his I-94 validity? Can we also file for his kids after a month of filing his?

As long as he does not leave the USA without Advance Parole or a green card, the overstay will simply be forgiven. You can file the I-130's for the kids under 18 on your marriage date at any time but it will be helpful to file for all the children together. Their visa processes will take 8 to 10 months.


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/

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Filed: Country: Philippines
Timeline

As long as he does not leave the USA without Advance Parole or a green card, the overstay will simply be forgiven. You can file the I-130's for the kids under 18 on your marriage date at any time but it will be helpful to file for all the children together. Their visa processes will take 8 to 10 months.

Thanks for the reply. God bless!


"The Lord is my Shepherd, I shall not want."

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