I-130 for m husband living in the US

[METHEXTAD 2]

I was thinking that we could have filed the I-130 first and two months later file the I-485 and EAD at the same time, Is that possible to file I-130 for now?

[Pinkrlion 2,724]

I was thinking that we could have filed the I-130 first and two months later file the I-485 and EAD at the same time, Is that possible to file I-130 for now?

I thoughtyou have to file for both, what type of visa does he currently have?

Edited February 18, 2013 by Pinkrlion

[Hypnos 6,576]

You can file the I-130 separately but there is not much point. A standalone I-130 gives no status to someone already in the US (whereas filing an I-485 grants a new period of authorised stay that persists until the application is adjudicated).

It's usually preferred that you file them concurrently, if you are pursuing an adjustment of status case.

[METHEXTAD 2]

Thanks all, We're a little short on cash as i am not working so i was hold we could start there.

mostly am trying to start somewhere because am pregnant and its high risk the Doctor stop me from working, only my hubby working and its illegal so i really want to start something for him.

Hoping****

[Penguin_ie 5,994]

*** Moving from CR-01 spousal visa to AOS from Work/ Tourist etc visa as OP is already in the USA ****

[Harpa Timsah 13,258]

The I-130 does not give any immigration benefit nor protection from deportation, and it will not speed up the I-485 process when you send it in. In short: there is no point to separate them.

[blankmedia 41]

Thanks all, We're a little short on cash as i am not working so i was hold we could start there.

mostly am trying to start somewhere because am pregnant and its high risk the Doctor stop me from working, only my hubby working and its illegal so i really want to start something for him.

Hoping****

We filed ours a couple months ahead of the I485 due to it making financial sense. It worked out well for us. It was approved while the I-485 was pending and I think the interview was easier due to the I-130 already approved. The didn't ask anything about the validity of the relationship during the interview.

[Jordandawg05 13]

We filed I130 alone initially then as our situation changed filed for 485 two months later. We included a copy of the NOa1 of the I130 with the ASO packet and it got matched. so its feasible to do but as other stated , I130 alone won't give status or work permit...etc