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kencav

Should I file i-485 and i130 concurrently or no?

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My wife and I got married last year June 2018.
Her i94 ended on July 2018.
I'm going to file for her this month April 2019.
She has overstayed for more than 180 days.
My plan was to initially file i130 only then if it's approved followed by i485.
But I've read somewhere that since she overstayed I need to file i130 and i485 concurrently.
If I didn't it would look suspicious. 
is this correct?
Would it really be better if they were filed together? 

thanks so much 😀

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57 minutes ago, kencav said:

My wife and I got married last year June 2018.
Her i94 ended on July 2018.
I'm going to file for her this month April 2019.
She has overstayed for more than 180 days.
My plan was to initially file i130 only then if it's approved followed by i485.
But I've read somewhere that since she overstayed I need to file i130 and i485 concurrently.
If I didn't it would look suspicious. 
is this correct?
Would it really be better if they were filed together? 

thanks so much 😀

Do it together 


YMMV

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39 minutes ago, kencav said:

So it's true that it would look suspicious?

No, that has nothing to do with anything. It’s just simply that you’re allowed to file them together, so you should. Why wait? There is no benefit in waiting. Filing them together will shorten the wait a little bit. Most likely you both will be called for an interview. That’s all.

 

Overstaying is forgiven if she married a US citizen. It’s not even gonna come up. So she could overstay 18 years and it wouldn’t have matter.

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Overstay for an IR of a USC is legally forgiven, but that doesn't make the overstay 'not matter'. The overstay in itself is illegal. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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6 hours ago, WeGuyGal said:

Overstay for an IR of a USC is legally forgiven, but that doesn't make the overstay 'not matter'. The overstay in itself is illegal. 

Yes, but ignored and forgiven in this circumstance.  And THIS circumstance is what is being discussed here.


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

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11 hours ago, pushbrk said:

Yes, but ignored and forgiven in this circumstance.  And THIS circumstance is what is being discussed here.

I know it is forgiven, but do they need to file an I-601 or would that only be for people who are out of the country / will need to leave the country?

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Posted (edited)
5 hours ago, davidvs said:

I know it is forgiven, but do they need to file an I-601 or would that only be for people who are out of the country / will need to leave the country?

No need for any waiver in this circumstance.  Yes, to your "or would...."

 

May I respectfully suggest that as a person new to the process, you read and learn from discussion of other cases, rather than arguing and muddying the discussion for others.  Ask your questions about your own case in your own threads.  Plenty of people with lots of experience helping people here.  If any of them thought the issues you mention were applicable, they would already have been mentioned.

 

Edited by pushbrk

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

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 3/31/2019 at 4:11 PM, USS_Voyager said:

No, that has nothing to do with anything. It’s just simply that you’re allowed to file them together, so you should. Why wait? There is no benefit in waiting. Filing them together will shorten the wait a little bit. Most likely you both will be called for an interview. That’s all.

 

Overstaying is forgiven if she married a US citizen. It’s not even gonna come up. So she could overstay 18 years and it wouldn’t have matter.

 

On 3/31/2019 at 11:08 PM, pushbrk said:

Yes, but ignored and forgiven in this circumstance.  And THIS circumstance is what is being discussed here.

Thank you so much

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17 hours ago, kencav said:

 

Thank you so much

I wanted to add something to the pro side of filing concurrently (I-130 and I-485 together). Filing I-130 alone will not protect your wife from being removable, as she currently is due to being out of status. Filing concurrently,  once the I-485 is accepted, usually 10 days after sending in your applications, your wife will considered in "authorized stay", basically stopping the clock on her being out of status. She will no longer be removable for overstay while the I-485 is being adjudicated. So, if you can afford to file concurrently, do it! Also, file I-131 and I-756, as they are free if included with the I-485.


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

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