i130 & i485 separate filing

[snowbum 0]

Howdy, I am a US citizen, married an F1 visa holder and we are planning to apply for AOS. My wife's F1 will expire in the next few months and she is applying for a 1 year extension through OPT (optional practical training). I've read a number of posts on here about filing the i130 and i485 and I understand that the best route is to file those concurrently. However, I'm leaving the US for 1 year and will not be able to return for the interview if it occurs while I am gone, which, from my understanding would result in rejection of our application.

My questions is: should I go ahead and start my i130 now, and file the i485 as soon as we receive approval for the i130? Or, should we hold off and file both as soon as I return?

Advantage to filing separately would be that my wife could apply for her EAD and travel authorization after she files the i485 which might happen before I return.

Also, would there still be an interview if the i130 and i485 are filed separately? I assume so but am just curious.

Thanks for the advise.

[Penguin_ie 5,987]

**** Moving from AOS from Family visa to AOS from Student visa as OP's wife came on a F1 *****

Is she planning on going with you? If so, you'd be better off waiting a while, then filing for a spousal visa from out of country. Unless she plans on re-enrolling in colege and getting another F1, she cannot come back after a year abroad, even if married to you and even if you have filed the I-130.

If you file for AOS, she will need to stay at least until everything is done, which could be several months, plus she shouldn't be out of the country for more than 6 months once she has the greencard. If she is not going with you/ plans to only visit a couple of times for a couple of weeks, file now, but it will be a huge red flag if a wife of a newly married couple stays in the USA alone for a year.

[snowbum 0]

Hi Penguin, thanks for your response. She will remain in the US completing her OPT authorized employment. As we understand it, she can't actually leave the US during this period, until she's filed her i485 and received a travel authorization. We understand that me being out of the country while she is still here won't help our application- that's one of the big reasons for delaying the submission of the concurrent i130/i1485 application, or submitting the i130 and 1485 separately. It's a bit of a unique situation, but we appreciate the feedback.

[Little_My 464]

Filing the I-130 separately before filing the I-485 won't really do you any good. It doesn't give her status, it doesn't make her eligible for the EAD or AP, and it will mainly just slow up the entire process.

If she is starting her OPT now, and her OPT period will mostly coincide with your time abroad, I would say the most sensible option would be for you two to file the AOS paperwork just before her OPT expires, and once you are within a couple of months from returning to the US. You will have to be here for the interview, but not before. However, you two should definitely keep in mind that living not only apart, but in different countries for the 12 months preceding the AOS filing will definitely be a red flag, and you should collect plenty of evidence of your relationship and marriage throughout that whole period. It would also obviously be good if she can visit you/you can visit her at least a couple of times during that period, and that you have evidence of those visits.

[jdh 103]

Or you could not leave the country for a year...At least before you AOS...this is a life altering event, you want to take chances with it?

First come love, them comes marriage, them comes hubby leaving home for a year?

Edited April 29, 2012 by jdh

[samyuksel 0]

I have a similar situation with him . My wife also has a student visa . But my question is little different that this.
I am having trouble to find a sponsor since my income is not enough for last years tax returns, but I have started to make decent money since Jan,2o13 .

I am so desperate now to find a sponsor . What's your suggestions ? Please , THANKS>

[Harpa Timsah 13,258]

I have a similar situation with him . My wife also has a student visa . But my question is little different that this.

I am having trouble to find a sponsor since my income is not enough for last years tax returns, but I have started to make decent money since Jan,2o13 .

I am so desperate now to find a sponsor . What's your suggestions ? Please , THANKS>

Please start your own thread. Your situation is totally different and this thread is over a year old.