I-485 and I-130 Filed Together-What's the Benefit?

[rkair 0]

Hello,

My wife and step-daughter will be visiting in a couple of months. They have a tourist visa. We were recently married and I have not submitted the I-130/CR-1 as of yet. My question:

- if I decide to wait and adjust status once they are here, is there any benefit to submitting the I-130 and I-485 together? I assume I have to pay separate fees for each of them for each form, correct? Meaning there is no cost savings by filing them jointly?

- are there any negatives if I submit the I-130 now and then decide to adjust status with the I-485 in a couple of months when they are here visiting?

- if I choose to do the I-485 with them here, will I also be required to submit the I-751 Removal of Conditions and pay that fee at some point?

Thanks so much for your feedback!

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate.

[belinda63 3,039]

Ignoring the fraud portion if they enter with the intent to stay allow me to explain.

1. The I-130 establishes that there is a relationship which qualifies the intending immigrant to obtain a visa under family immigration. The I-485 is what actually gets them the green card (if they are already in the US). They can't obtain a green card until the relationship has been established.

So if your immediate family comes to the US and decide they don't want to leave you will file the I-130 to establish the relationship and the I-485 to obtain the green cards. Filing the I-130 by itself does nothing to gain them status in the US. When their tourist visa expires they will be out of status and subject to detention and deportation. The I-485 is what gives them pending status so they cannot be removed while waiting for a decision on it.

2. By filing the I-130 then having them arrive in the US and adjust status you are opening yourself up to potential charges of fraud and or misrepresentation.

3. If you have been married for less than two years when the green card is issued you will have to file to remove conditions later.

If you are concerned about the costs involved in the process perhaps you should inquire further. By obtaining the CR-1 visa the wife will be able to work as soon as she enters the US. If you do concurrent filing she cannot work until she receives her EAD which takes 60-90 days after the filing of the I-485. In addition to the filing fee for the I-130 and I-485 there is also the cost of the medical exam and any immunizations they may require.

The process is not cheap no matter how you go about it.