Jump to content
Sign in to follow this  
sekharan

Filing I-485 atleast 3 months later than I-130

8 posts in this topic

Recommended Posts

I have been in the US on a F1 visa for just over a year now; got married to an US Citizen recently in late 2012. We live in California.

My wife wants to file for my naturalization, but since neither of us work, we need a joint sponsor.

My mother-in-law is qualified to be a joint sponsor, but she's away in Singapore on assignment and will be back in 3 months.

We can obtain the affidavit of support from her then.

My questions are:

1. If we file the I-130 and I-485 concurrently right now, can we "elect" to submit the affidavit of support later?

2. In such a situation, what's the chance a RFE will be issued versus the application being rejected for being incomplete/not ready/lack of evidence?

I am afraid of a denial notice instead of a RFE

Share this post


Link to post
Share on other sites

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Adjustment of Status (Green Card) from Family Based Visas as the Op is adjusting from F1~~~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

You are not applying for Naturalization. You are applying for a Green Card. Naturalization means citizenship and you cannot apply for that now.

You can submit the parts separately, but there is no reason to do so. An I-130 by itself does not give you any legal status or any benefit, and submitting them separately doesn't make the I-485 part go faster. The I-485 is the important thing and that cannot be done without the I-130, either concurrently, or before.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

I have been in the US on a F1 visa for just over a year now; got married to an US Citizen recently in late 2012. We live in California.

My wife wants to file for my naturalization, but since neither of us work, we need a joint sponsor.

My mother-in-law is qualified to be a joint sponsor, but she's away in Singapore on assignment and will be back in 3 months.

We can obtain the affidavit of support from her then.

My questions are:

1. If we file the I-130 and I-485 concurrently right now, can we "elect" to submit the affidavit of support later?

2. In such a situation, what's the chance a RFE will be issued versus the application being rejected for being incomplete/not ready/lack of evidence?

I am afraid of a denial notice instead of a RFE

My wife wants to file for my naturalization You cannot file for naturalization if you are not a LPR.

In order for you to become a LPR you need to adjust your status, become a LPR and, after either 3 years if, you are married to the same citizen that sponsored you or after five years as a LPR, you can apply for naturalization.

1. No, you cannot elect. the form I-864 is an integral part of the I-485 process, plus, you must file the I-130 and I-485 simultaneously, also forms I-765, I-131.

2. Your application will be rejected as incomplete.

What you can do is: Fill out the I-864 and email it to your mother in law, have her print it, signed and, have her mail it back to you. Meantime, you can order her tax transcripts that you are going to need with the form, by the time the form makes it back to the states, you should have the transcripts ready to mail in with the form.

You could file the I-130 first but, in order for USCIS to process a later I-485 you must submit the I-797 of approval (of the I-130) and, that takes months (about 5)which in turn, adds more time to the process.

Share this post


Link to post
Share on other sites

~~~~Duplicate post merged~~~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

My wife wants to file for my naturalization You cannot file for naturalization if you are not a LPR.

In order for you to become a LPR you need to adjust your status, become a LPR and, after either 3 years if, you are married to the same citizen that sponsored you or after five years as a LPR, you can apply for naturalization.

1. No, you cannot elect. the form I-864 is an integral part of the I-485 process, plus, you must file the I-130 and I-485 simultaneously, also forms I-765, I-131.

2. Your application will be rejected as incomplete.

What you can do is: Fill out the I-864 and email it to your mother in law, have her print it, signed and, have her mail it back to you. Meantime, you can order her tax transcripts that you are going to need with the form, by the time the form makes it back to the states, you should have the transcripts ready to mail in with the form.

You could file the I-130 first but, in order for USCIS to process a later I-485 you must submit the I-797 of approval (of the I-130) and, that takes months (about 5)which in turn, adds more time to the process.

The I-485 can actually be submitted anytime after the I-130 has been accepted, you just need to attach a copy of the I-797 NOA that is has been accepted. You don't need to wait for approval. The only reason to do so would be to get some of the paperwork started seeing as you will be waiting at least 3 months for the I-864. Our stand alone I-130 was approved in less than 3 months.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×