Form I-130 or Form I-485

[Shutout 0]

My girlfriend came to visit me on a tourist visa; I popped the question and since then we have gotten married. Do I need to file the I-130 or the I-485 if she is still in the United States?

 

thanks!

[Cndn 98]

I believe you file both at the same time. 

Edited April 29, 2020 by Cndn

[Letspaintcookies 2,213]

What is your plan? Is she going back home and you do consular processing or does she wants to stay here and adjust status?

[geowrian 22,336]

No, it's not either/or.

You need to file both if she plans to stay in the US. File the I-131 + I-765 as well, plus all required forms and documentation.

File only the I-130 if she is returning home to complete the process.

[Shutout 0]

Just now, Letspaintcookies said:

What is your plan? Is she going back home and you do consular processing or does she wants to stay here and adjust status?

She wants to stay here and adjust status.

[Crazy Cat 39,362]

12 minutes ago, Shutout said:

She wants to stay here and adjust status.

 

[geowrian 22,336]

4 minutes ago, Lucky Cat said:

 

Note than an I-944 is also required now. The guide isn't updated yet/still.

[Ryan H 3,791]

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

[Rocio0010 5,569]

Need to send form I-864, I-944, I-130, I-130a, I-765, I-131 and I-485. 

I don't want to be the party pooper, but you'd better consult with an attorney. She came here on a B1/B2 visa and now she wants to adjust her status. Usually, USCIS deems that as fraud because she came with the intent to visit and then leave. 

Yes, I do agree that sometimes people come here and decide to get married out of true love. I'm just warning you.

[geowrian 22,336]

Source? Examples?

[Rocio0010 5,569]

15 minutes ago, geowrian said:

Source? Examples?

https://www.prideimmigration.com/marry-us-citizen-tourist-visa/

[payxibka 10,044]

5 minutes ago, ra0010 said:

https://www.prideimmigration.com/marry-us-citizen-tourist-visa/

Of course,  a please pay for my services scare tactic

[Rocio0010 5,569]

17 minutes ago, geowrian said:

Source? Examples?

I am not saying that OP will be unsuccessful, or that they can't do it. I am just suggesting that USCIS sometimes might interpret the situation as fraud. Of course it depends on a number of factors that are up to the couple to prove, especially how long they've been dating (and the evidence to prove this) and also if they can prove that the beneficiary was planning on leaving the country and then they changed plans.

Just yesterday I was reading about a case in another forum where the person came to the US, met his love and married in 42 days. Not saying that's OP's case, but with the current state of immigration, I wouldn't risk it. Better to leave and file K1 or CR1

[Rocio0010 5,569]

Just now, payxibka said:

Of course,  a please pay for my services scare tactic

Yeah, that's what I thought too. For sure they want your money, but even if you don't hire them some of the information might be true given the current state of affairs. Or maybe I'm just being overtly cautious.

[geowrian 22,336]

Ah, ye olde 30/60/90 day rules...

Not a thing for AOS. I have only seen a handful of cases denied due to preconceived intent, and they actually revolved around direct misrepresentation at the border to CBP questions, not the actual intent.

Having intent to AOS is fraud. But once inside, preconceived intent is not a sole reason for denial of AOS here.