Thoughts on filing i130 and i485 separately.

[Zaleah 0]

Hello!

I need your honest opinion.

I am a F1 student who just graduated and my date of completion on i20 is May 31st 2016.

I married my USC husband in 2012. My advisor told me I have 60 days grace period from May 31st 2016 to leave the country or apply for AOS.

My question is, it is okay to file i-130 now and the rest of the forms a month later?

Thank you.

Z

[Harpa Timsah 13,258]

I-130 does not give any benefit or authorized stay, and filing it first won't make things go faster. So it's a waste of time.

[newacct 688]

There would be no point to filing them separately. Just wait until you can file I-485 (whenever that will be; there is no time limit but try to do it sooner) and file them together. Filing I-130 without I-485 does not give you any benefit.

[Zaleah 0]

Thank you! I like to file all at once but my husband thinks its better to get i130 approved. Btw, I had a J1 visa from years ago and just completed my 2-year requirement last summer. Any tips on documenting the 2 year stay?

[sensuelle1985 10]

Hello!

I need your honest opinion.

I am a F1 student who just graduated and my date of completion on i20 is May 31st 2016.

I married my USC husband in 2012. My advisor told me I have 60 days grace period from May 31st 2016 to leave the country or apply for AOS.

My question is, it is okay to file i-130 now and the rest of the forms a month later?

Thank you.

Z

Congratualtion on your graduation.

No need to apply for I-130 now. Just wait until you have all the money then apply for AOS. You entered the country legally so even if you overstay your visa, your overstay will be forgiven by you being the spouse of an US citizen. You can start filling the forms out gathering all documentations now so whenever you are ready all you have to do if the money order or check and send it. If you are sure that you will send your AOS in a month you can start doing your medical. (go to your school clinic it will be free since you have school insurance, that's what I did and all my shots where free, I just bring the proof of vaccination to an uscis authorize physician who fill out the form)

[Zaleah 0]

Congratualtion on your graduation.

No need to apply for I-130 now. Just wait until you have all the money then apply for AOS. You entered the country legally so even if you overstay your visa, your overstay will be forgiven by you being the spouse of an US citizen. You can start filling the forms out gathering all documentations now so whenever you are ready all you have to do if the money order or check and send it. If you are sure that you will send your AOS in a month you can start doing your medical. (go to your school clinic it will be free since you have school insurance, that's what I did and all my shots where free, I just bring the proof of vaccination to an uscis authorize physician who fill out the form)

It takes almost 10 minutes for me to figure out how to reply. Thanks for the tip but my university is a few hours away! I wished I had known about it earlier. Good luck to you! I read your timeline (just want to add I have kids).

[sensuelle1985 10]

It takes almost 10 minutes for me to figure out how to reply. Thanks for the tip but my university is a few hours away! I wished I had known about it earlier. Good luck to you! I read your timeline (just want to add I have kids).

lol.... You will get used to it... Thank you

That's awesome (uscis wise) children are solid proof of bonafide. I myself have kids with my husband and hope that will make this journey easier. From what I heard most people with children and more than 2 years of marriage usually don't have interview schedule and a surprise in the mail..

[Zaleah 0]

lol.... You will get used to it... Thank you

That's awesome (uscis wise) children are solid proof of bonafide. I myself have kids with my husband and hope that will make this journey easier. From what I heard most people with children and more than 2 years of marriage usually don't have interview schedule and a surprise in the mail..

I hope that's the case for us. I don't think USCIS can accommodate a family interview (3 kids under 4) since my kids are super-clingy and the baby is special needs. I am a little worried about the 2 year residency requirements though because it is accumulated/counted within the last 8 years and in-between one visitors visa and two F1 visas.

[sensuelle1985 10]

I don't think you should worry. My son is also a special need child and was born here, which makes him an USC. I'm not quite sure I follow you.

When applying for AOS, minors do not go through the interview process. Are your older children from your husband, cause that would make them automatic USC. if they were born here they will be considered USC. When married more than 2 years a 10 years greencard is issued, and the only requiirement is to be in the USA atleast 6 months a years. A year after receiving your greencard, you would be eligible to apply for citizenship.

We can go in the message section if you want privacy

[Harpa Timsah 13,258]

Concurrent AOS filers have mandatory interviews.

[Zaleah 0]

Still cant figure out why my PM didn't go through. The kids are ours. I know they don't have to attend. (Its a joke about finding a childcare provider who could deal with 2 toddlers and a special needs G-tube baby). I guess I will reach out to USCIS and find out if I can bring my baby to the interview. Now its time to file and worry later. I'll try to message you. For folks who are reading this, good thoughts for us please. Good luck to everyone.

I don't think you should worry. My son is also a special need child and was born here, which makes him an USC. I'm not quite sure I follow you.

When applying for AOS, minors do not go through the interview process. Are your older children from your husband, cause that would make them automatic USC. if they were born here they will be considered USC. When married more than 2 years a 10 years greencard is issued, and the only requiirement is to be in the USA atleast 6 months a years. A year after receiving your greencard, you would be eligible to apply for citizenship.

We can go in the message section if you want privacy

[Harpa Timsah 13,258]

Yes you can bring your baby to the interview.

[Zaleah 0]

Thanks for this!

Concurrent AOS filers have mandatory interviews.

[Asianica 1]

lol.... You will get used to it... Thank you

That's awesome (uscis wise) children are solid proof of bonafide. I myself have kids with my husband and hope that will make this journey easier. From what I heard most people with children and more than 2 years of marriage usually don't have interview schedule and a surprise in the mail..

we've been married for two years and have a 1.5yrs old baby, and we will have our interview nxt month

[chimichanga 3]

Concurrent AOS filers have mandatory interviews.

SO if one is in a similar situationF-1 married to USC) and the file I-130 and I-485 separately, do they not get interviewed?