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R.C.A

Does I130&I 485 need to be filed together?

By R.C.A in IR-1 / CR-1 Spouse Visa Process & Procedures

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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You only need to file the I-485 if your husband is currently in the USA.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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mushroomspore Proficient

mushroomspore   3,043

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Filed: Citizen (apr) Timeline
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Just now, R.C.A said:

Hi

I just recently submitted I130 by itself for my husband.Is it better if I had filed I 485 together with it?

I-485 is only for people already present in the US on non-immigrant statuses.

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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9 minutes ago, R.C.A said:

Thank you...When he comes to the US after i130 approval,do we need to apply for Employment authorization for him to be able to work here?

No.  I assume you will be seeking consular processing.  So he will interview in a consulate or embassy where he is living.   Then when he enters he will have a green card which is work authorization. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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JFH Grand Master

JFH   12,189

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Posted (edited)
22 minutes ago, R.C.A said:

Thank you...When he comes to the US after i130 approval,do we need to apply for Employment authorization for him to be able to work here?

I suggest you read the guide for an understanding of the whole process. The I-130 is just stage 1. He won’t be coming here to live when the I-130 is approved - he has a few more stages still to go after the I-130.

 

The good news is that when he does arrive on his visa, he can work immediately without any further paperwork or fees being necessary. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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pushbrk Grand Master

pushbrk   12,106

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48 minutes ago, R.C.A said:

Thank you...I was just confused when I saw the posts about filing i130 and i 485 together. Didnt  know it was for who is already in US.

A person entering the US with a spouse visa does not need to adjust status.  They enter with the status the I-485 would otherwise be used to apply for.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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