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

[kencav 0]

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 😀

[payxibka 10,044]

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 

[kencav 0]

6 minutes ago, payxibka said:

Do it together 

So it's true that it would look suspicious? 

 

[USS_Voyager 1,971]

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.

[WeGuyGal 1,052]

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. 

[pushbrk 12,106]

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.

[davidvs 320]

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?

[pushbrk 12,106]

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 April 1, 2019 by pushbrk

[Ryan H 3,790]

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

[kencav 0]

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

[junkmart 320]

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.