Filing I-130 and I-485 Together

[mencius 0]

Immediate relatives of a US citizen are able to file from within the US and can file both I-130 and I-485 together to speed up the process. My questions is how is this done if the I-130 is now filed online only on the USCIS website but the I-485 is still paper filed. I'm thinking that you would need to do the filing of the I-130 online and wait for the approval. Submit the approval letter with the I-485 paper filing together? But this doesn't sound like filing concurrently.

 

Thank you

[aaron2020 11,651]

You can file the I-130 by mail.   Go to the USCIS website and look for the where to file section of the I-130.

[HRQX 4,145]

44 minutes ago, mencius said:

My questions is how is this done if the I-130 is now filed online only

There is still a paper filing option. Who said it's online only?

 

In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[mencius 0]

Thank you the replies. For Canadians, we can stay in the US for up to 6 months as visitors. Can one stay in the US pass the allowed time while the I-130/I-485 is being processed? Also, does one have to tell the CBP official at the port of entry of the immigration intentions or do you enter as a visitor and simply submit the applications/documents once on US soil?

[aaron2020 11,651]

28 minutes ago, mencius said:

Thank you the replies. For Canadians, we can stay in the US for up to 6 months as visitors. Can one stay in the US pass the allowed time while the I-130/I-485 is being processed? Also, does one have to tell the CBP official at the port of entry of the immigration intentions or do you enter as a visitor and simply submit the applications/documents once on US soil?

Where is the non-US citizen right now?

It's immigration fraud if a person is currently outside the US and intends to enter the US on a non-immigrant basis with the intent to immigrate by filing an I-485.  

Edited October 22, 2020 by aaron2020

[mencius 0]

Canada.

 

Certainly not the intention to commit immigration fraud.  From your answer it sounds like for those that want to file an I-485, (since you have to be physically present in the US), it is common occurrence to enter the US disclosing the immigration intentions (provided one is eligible to file and receive approval of the I-485)? I can't think of any other scenario where one would be able to get in to the US to file the I-485. 

[HRQX 4,145]

23 minutes ago, mencius said:

Certainly not the intention to commit immigration fraud.

Then file I-130 petition with I-130A supplement online or by mail to start CR-1 process:

 

23 minutes ago, mencius said:

I can't think of any other scenario where one would be able to get in to the US to file the I-485. 

Only a few visas allow dual intent. Like the K-1 visa for fiances.

23 minutes ago, mencius said:

it is common occurrence to enter the US disclosing the immigration intentions

At POE, must be honest with the CBP officer and the officer will deny entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Edited October 23, 2020 by HRQX

[SusieQQQ 11,586]

27 minutes ago, mencius said:

can't think of any other scenario where one would be able to get in to the US to file the I-485. 

The scenarios - and what the form is actually intended for - is for when people are already in the US on a different visa/status and then get the opportunity to get a green card. Example someone is already here on H1 work visa or student F1 (or O, or J...etc etc) and something happens like they marry someone local, employer files for a green card for them, they get selected in the diversity visa lottery, etc.

 

 

Edited October 23, 2020 by SusieQQQ

[SusieQQQ 11,586]

1 hour ago, mencius said:

Can one stay in the US pass the allowed time while the I-130/I-485 is being processed?

Also, FYI if you do this you have to stay while it is being processed. If you leave before the i485 is adjudicated, unless you have advance parole (often 4-6 months, sometimes longer) you are deemed to have abandoned the i485.  So if you do not want to be stuck in the US for months on end unable to travel out (and unable to work until you get an EAD,which will also take months) then i485 is not for you, even without the immigrant intent problem. Certainly your spouse can file a 130 and you can visit and go back and forth while waiting for that to be processed, and then you will get an immigrant visa at the Montreal consulate.

Edited October 23, 2020 by SusieQQQ

[mencius 0]

Thank you for all of the responses. 

 

Just a little background. We went down the road of applying for a CR1 visa a few years ago after we got married and made it all the way to getting a consulate interview appointment but unfortunately decided to abandon the application in the end for personal reasons. We have now been married for over three years and have a baby daughter. Both wife and daughter are US citizens and live in the US. We decided we are going to stay in the US so trying to figure out how to get the permanent residency so we can be together. I'm a Canadian citizen. Is our only route the CR1 visa? Is there any other way to do this from within the US? There's no one to look after my daughter and my wife is taking time off work until I get back to the US. 

[HRQX 4,145]

12 minutes ago, mencius said:

Is our only route the CR1 visa?

IR-1 visa since you've been married for more than 2 years. As mentioned above, you can visit the US as a B-2 visitor, not live in the US. Another option while waiting for IR-1 interview in Montreal is to work in the US with TN status (if you qualify for that status). TN status is applied for at POE.

 

(The above is assuming you are not an American Indian Born in Canada (with at least 50% American Indian blood). Those individuals can enter the US for any purpose: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-an-american-indian-born-in-canada)

Edited October 23, 2020 by HRQX

[aaron2020 11,651]

20 minutes ago, mencius said:

Is our only route the CR1 visa? Is there any other way to do this from within the US? There's no one to look after my daughter and my wife is taking time off work until I get back to the US. 

Sorry that your family is in a bind.  Unfortunately, immigration to the US is a slow process.  

 

The IR-1 visa is you only legal route since you are currently outside the US. 

There is no way for you to do this from within the US.   You would be committing fraud at the border by entering on a non-immigrant basis with the intent to immigrate.  

[SalishSea 17,928]

2 hours ago, mencius said:

Canada.

 

Certainly not the intention to commit immigration fraud.  From your answer it sounds like for those that want to file an I-485, (since you have to be physically present in the US), it is common occurrence to enter the US disclosing the immigration intentions (provided one is eligible to file and receive approval of the I-485)? I can't think of any other scenario where one would be able to get in to the US to file the I-485. 

You file a petition for a visa, and wait in line like everyone else. 

 

What you want to do is immigration fraud.

[Crazy Cat 41,981]

13 hours ago, mencius said:

Canada.

 

Certainly not the intention to commit immigration fraud.  From your answer it sounds like for those that want to file an I-485, (since you have to be physically present in the US), it is common occurrence to enter the US disclosing the immigration intentions (provided one is eligible to file and receive approval of the I-485)? I can't think of any other scenario where one would be able to get in to the US to file the I-485. 

The concurrent filing option (I-130/I-485) is available ONLY to those ALREADY inside the US.  If you are currently outside the US, that option is not available to you.  As others have said, entering the US with the intent to stay and adjust status is visa fraud.

Edited October 23, 2020 by Lucky Cat

[mencius 0]

12 hours ago, aaron2020 said:

Sorry that your family is in a bind.  Unfortunately, immigration to the US is a slow process.  

 

The IR-1 visa is you only legal route since you are currently outside the US. 

There is no way for you to do this from within the US.   You would be committing fraud at the border by entering on a non-immigrant basis with the intent to immigrate.  

Thanks. Looks like the route we will need to take is the IR-1 as suggested.