standalone i 130, must we file concurently?

[marylandlover 1]

1.       My spouse just filed an i 130 application for me on monday and we are concerned maybe we should have filed concurrently. Can we be denied because we files the petition first?

 

2.       Her tax information also has a little issue. she has 2 W2's for 2016 and filed only one on her tax returns. we are short of the poverty guidlines by about 900 dollars on the tax returns but her w2 states an above average income good enough to file for the I 864. should we add both w-2's and explain one came late and was not filed but we have evidence she makes more than enough to file the affidavit of support?

[amsid_usa 13]

Your income tax return carries the most weight. So if you received a  W2 after  you filed, then you must an addendum (form 1040x). Once the IRS has processed your 1040x you can get a copy of your tax return and file it with the affidavit of support. If you sent in W2's which dont add up to your income tax return.. it can possibly cause issue.

[marylandlover 1]

1 minute ago, aghaaz0719 said:

Your income tax return carries the most weight. So if you received a  W2 after  you filed, then you must an addendum (form 1040x). Once the IRS has processed your 1040x you can get a copy of your tax return and file it with the affidavit of support. If you sent in W2's which dont add up to your income tax return.. it can possibly cause issue.

thanks for the response. my first question has not been answered. Can you please address it?

[amsid_usa 13]

I did not answer the first question as I am not clear on what you are asking. An I-130 is file by a us citzen or permanent resident to bring their relative to the US. So filing an 1-130 concurrently is something I am familiar with

 

[geowrian 22,336]

Are you married to a USC? if so, then you probably should have filed concurrently (assuming you aren't in removal proceedings or something else disqualifying to do so). An I-130 does not grant any legal status while it is pending. An I-485 grants authorized stay while it is pending.

 

If your legal status in the US expires before the I-130 is processed and you then file the I-485, then you will become out of status and technically deportable.

Edited April 13, 2017 by geowrian

[marylandlover 1]

17 minutes ago, geowrian said:

Are you married to a USC? if so, then you probably should have filed concurrently (assuming you aren't in removal proceedings or something else disqualifying to do so). An I-130 does not grant any legal status while it is pending. An I-485 grants authorized stay while it is pending.

 

If your legal status in the US expires before the I-130 is processed and you then file the I-485, then you will become out of status and technically deportable.

I have no legal misdemanours , felonies or crime to hinder my change of status. However, I did overstay an F1 visa. But I read in the USCIS website that as soon as a receipt for the I 130 has been received I can file for the adjustment while refrencing the receipt. Thats what I am concerned about. Since we are married legally, is it a must to file concurently or we can still proceed the way we have already begun?

[marylandlover 1]

42 minutes ago, aghaaz0719 said:

I did not answer the first question as I am not clear on what you are asking. An I-130 is file by a us citzen or permanent resident to bring their relative to the US. So filing an 1-130 concurrently is something I am familiar with

 

We filed just the I-130 first. As soon as we get a receipt notice we will file all other documentation. Plus we assumed that if we simply add bith W-2's with an explanation it came late shoyld suffice to prive my wife earns enough to sponsor?

[f f 725]

you can file seperately but the non citizen is still deportable solely on the fact they overstayed the i94. you are playing with fire by not concurrently filing.

 

side not concurrent filing is done by sending both forms at the same time to a specific lockbox not one after the other.

 

good luck

[geowrian 22,336]

23 minutes ago, marylandlover said:

I have no legal misdemanours , felonies or crime to hinder my change of status. However, I did overstay an F1 visa. But I read in the USCIS website that as soon as a receipt for the I 130 has been received I can file for the adjustment while refrencing the receipt. Thats what I am concerned about. Since we are married legally, is it a must to file concurently or we can still proceed the way we have already begun?

Yes, you can proceed as you stated by filing the I-485 once you get the NOA1 for the I-130.

[marylandlover 1]

5 minutes ago, f f said:

you can file seperately but the non citizen is still deportable solely on the fact they overstayed the i94. you are playing with fire by not concurrently filing.

 

side not concurrent filing is done by sending both forms at the same time to a specific lockbox not one after the other.

 

good luck

Thanks for your concern but i figured if we get a receipt within 2 weeks it still not such a high risk as i have been around for almost a year and we have been married for about 7 months now. I decided not to rush the filling so we can gather documents plus she went to visit my parents in my home country last month with pictorial evidence and visa and entry and exit stamps I attached and forwarded with the I130 application

[marylandlover 1]

6 minutes ago, geowrian said:

Yes, you can proceed as you stated by filing the I-485 once you get the NOA1 for the I-130.

Thank you ... how long will it take for us to get a receipt notice via email or text message? Is it 24 hours after it gets to the lockbox or the day the application is being attended to? Plus i used the most recent version which claims we have to attach a form I130a instead of the g325a

[geowrian 22,336]

Just now, marylandlover said:

Thank you ... how long will it take for us to get a receipt notice via email or text message? Is it 24 hours after it gets to the lockbox or the day the application is being attended to? Plus i used the most recent version which claims we have to attach a form I130a instead of the g325a

It'll probably take about 30 days or so after they receive it. At least that's what I've been hearing recently. Some are lucky and get it much sooner.

[marylandlover 1]

3 minutes ago, geowrian said:

It'll probably take about 30 days or so after they receive it. At least that's what I've been hearing recently. Some are lucky and get it much sooner.

I dont mean the written one in the mail. I mean the text message sent to confirm receipt initially.... will that also take 30 days?

[f f 725]

10 minutes ago, marylandlover said:

plus she went to visit my parents in my home country last month with pictorial evidence

how did you get back in the us if you had an f1 visa overstay already?

[geowrian 22,336]

13 minutes ago, marylandlover said:

I dont mean the written one in the mail. I mean the text message sent to confirm receipt initially.... will that also take 30 days?

Correct. You need to submit a copy of the physical NOA1. I don't think they would take an electronic notification. That said, even the electronic notification will probably take the better part of a month.