Must one file the I-130 and the I-485 at the same time?

[ScandiMama 0]

Sorry if this is in the wrong forum...

I used to have a green card, but then we moved to my country and stayed there for many years. Thus, obviously, my green card was no longer valid, and I gave it back to the embassy and did the paperwork to give it up. (No other choice, as I had stayed away so long. Also, I did not think I would ever again need it, anyway.) This was based on the advice of the embassy, so that I would be able to enter into the US without issues at the border.

So, over two months ago we came to the US to spend time with relatives, especially dh's Grandpa, who is very old. It was a now or never sort of situation, as my work allowed a longer vacation. While here, my husband was offered a job he could not refuse. So, having entered through the Visa Waiver Program, we now need to file for AOS, as far as I understand. As my 90 days will be up in less than a month, I do not think that I can get the doctor's appointment done, with results coming early enough. Thus the question:

Must my husband file the I-130 together with the I-485, or is it possible to file the I-130 first and the I-485 e.g. some months later?

TIA!

[Penguin_ie 5,985]

**** Moving from CR-1 spousal visa to AOS from Tourist visa forum *****

[Transborderwife 4,666]

Does your husband have a work visa or a green card or is he a USC? Overstay is only forgiven for spouses of citizens only.

Edited May 1, 2015 by Transborderwife

[ScandiMama 0]

Thank you.

He is a citizen.

I am feeling really uncomfortable about the idea of overstaying. If something went wrong, I am wondering if that could - in some worst case scenario - keep me from being able to travel to the US. Considering that we have young children that cannot travel such a long way with dad alone, and aging relatives in the states, that would be really hard for everyone.

But in theory, we do not need to be ready to file the I-485 yet... Is it then of any benefit to file the I-130 right away?

[belinda63 2,981]

Filing the I-130 will benefit you in no way if you intend to remain in the US. The I-130 is to establish that there is a relationship for which you can apply for a visa to come to the U.S. or apply for a green card if already in the U.S. The I-485 is what gives you the green card if you file from inside the U.S.

[ScandiMama 0]

Thank you!

I think we could get everything else done quite fast, as I still have everything I needed last time, but the doctor's appointment is a problem.

[ValerieA 350]

It is best to file them together, although not necessary. The thing is, it is the I-485 that gives you a period of authorized stay, not the I-130. I'm not sure why your I-693 (medical) would take so long, though - I did mine, and went in a couple of days later for them to check the TB thing, and picked up the package. Does it take a long time to get an appointment with a civil surgeon where you are? Mine was at a walk-in clinic, so it really only did take a couple of days all told.

[ScandiMama 0]

Thank you.

Dh called a doctor today but she won't be back until Monday. We have only 3 doctors within 50 miles or something.