Should we file the i-130 now or wait till we can file with the i-485 concurrently?

[Laurence1108 0]

Here is a rundown of my wife and I's story. I am an Australian citizen.
 

• Come to USA in October 2017 to stay with girlfriend then go home
• We get married on 1st December 2017
• Plan to file for visa ASAP but life gets in the way...
• Wife has to declare bankruptcy from business failure in late 2016 (not her own fault and could not have been prevented)
• This means she cannot file her 2017 taxes when needed because she would be incurring new debt while in bankruptcy (but we need taxes filed for the financial affidavit)
• Once we can file taxes (in about a month) we will also have to wait so I can get an ITIN so we can file jointly (this could take 6-8 weeks apparently

 

So basically all of these setbacks keep getting in the way of us being able to file the visa package. It looks like even at this point it will probably be 2-3 months away till we can file.

 

We were planning to file the i-130 and the i-485 together. Because of the hold up, should we just file the i-130 now, and then file the i-485 as soon as possible? Or would it be best to wait till we can file concurrently?

 

Thanks for your help.

[aleful 1,905]

hi

 

just wait, the i130 alone does nothing, and can take up to 9 months for approval. It won't change a thing if you file it solo

 

wait until you file the adjustment of status packet

 

 

[mushroomspore 3,043]

Just wait to file everything together. Don't forget the I-765 & I-131 so you'll be able to work and travel while your case is pending. They are free if filing concurrently.

[Jojo92122 1,924]

Did you go home or are you in the US right now?

[Laurence1108 0]

On 6/23/2018 at 5:48 AM, Jojo92122 said:

Did you go home or are you in the US right now?

I am in the US right now

[AussieBubba 4]

I'd file the I-130 now. We waited a few months once we were ready to file and we regretted it. We filed the I-130 in May 2017 and it was granted at the end of January. At the moment we are still waiting for an appointment with the consulate!

If there are circumstances that would make your application difficult I would strongly recommend getting a immigration attorney - we used Andrew David who is based in Minneapolis and specializes in US/Aus immigration. It saved us a lot of heartache and might not be as expensive as you think.

Hope this helps.

Edited June 29, 2018 by AussieBubba