Filed I-130 Application July 16, Did We Also Need to File I-485?

[rainbow-skies 130]

Hello,

 

 

My wife (petitioner) and I (beneficiary) had filed online for our I-130 application. We are of course still waiting approval, but we came across a form I-485 and are worried now because we didnt know about this form nor filed it. 

 

Is is required to be completed and filed if I the benficiary am currently residing in Canada? I will not be moving to the US to be with my wife until the I-130 process is over and I get my visa. Is the form I-485 only for benficiaries living/working and filing in the US? Do we need to compete this now or at any time?

 

Thank you kindly.

 

Melissa

[milimelo 4,191]

No. You’re out of the US and doing consular processing- only I-130 is correct. 

[rainbow-skies 130]

Just now, milimelo said:

No. You’re out of the US and doing consular processing- only I-130 is correct. 

Okay awesome. We were stressing out and thought this could delay everything. 

 

So given I am approved and get my visa and can enter the US via POE, I get a 2 year conditional visa within a few weeks? So we would essentially file/apply I-485 right before my 2-year conditional CR1 visa expires then right? to Adjust status and get the 10 year green card?

 

Thank you kindly for your help.

Melissa

 

[xyz12345 260]

39 minutes ago, rainbow-skies said:

Okay awesome. We were stressing out and thought this could delay everything. 

 

So given I am approved and get my visa and can enter the US via POE, I get a 2 year conditional visa within a few weeks? So we would essentially file/apply I-485 right before my 2-year conditional CR1 visa expires then right? to Adjust status and get the 10 year green card?

 

Thank you kindly for your help.

Melissa

 

If you have paid the GC fee and had been married for more than 2 years by the time you enter the US with the immigrant visa, you'll get a 10-year green card afterwards. I don't know about receiving it within a few weeks after arrival.

 

If you have paid the GC fee and had been married for less than 2 years by the time you enter the US with the immigrant visa, you'll get a 2-yr conditional GC. You'll have to do an ROC (Removal of Conditions) by filing I-751 before the GC expiration.

 

If possible and within validity of the immigrant visa, enter the US when you're past your 2-yr marriage mark so you don't have to do the ROC.

Edited August 12, 2020 by xyz12345

[Babu Frik 1,162]

You wouldn't have filed it at the same time anyway, it would come later in the process if it applied to you.

[LilyJ 1,258]

7 hours ago, rainbow-skies said:

Okay awesome. We were stressing out and thought this could delay everything. 

 

So given I am approved and get my visa and can enter the US via POE, I get a 2 year conditional visa within a few weeks? So we would essentially file/apply I-485 right before my 2-year conditional CR1 visa expires then right? to Adjust status and get the 10 year green card?

 

Thank you kindly for your help.

Melissa

 

As said in another comment, if you arrive before your 2-year marriage anniversary and receive a 2 year conditional green card, after 2 years of arriving in the US you would file for removal of conditions to remove the conditions on your green card and then get a 10 year green card. CR1/IR1 visas do not adjust status, so you will never file an I485, since you are going to be a permanent resident and adjustment of status is for those who are in the US on a nonimmigrant status seeking to adjust their status to immigrant, not for those who are already immigrants

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.