Concurrent filing: I-130 and I-485

[rambil 0]

Hello Everyone, 

 

After reading so many posts about i-130 and i-485, I have mustered some confident to file our application on our own and not hire a lawyer. 

 

A little background about my case: I came here on a J-1 visa with 2 year requirement. I have my waiver approved in 2019 but got the official approval letter in 2020. 

I have overstayed my visa. I am married to a USC for 4+ years and been wanting to change my status for a while now. 

 

My question is, should I file my i-130 first or can I file i-130 and i-485 at the same time?

second, what is the advantage/disadvantage of doing a concurrent filing? 

 

I hope you can share some of your thoughts and thank you in advance. 

 

 

[HRQX 4,145]

22 minutes ago, rambil said:

or can I file i-130 and i-485 at the same time?

File at the same time. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. 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, copy of approved J-1 waiver, 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.

[Mike E 11,745]

Filing the I-130 without the I-485 is dangerous because of your over stay. The I-130 leaves a bread crumb for ICE to come collect you and begin the removal process.

 

Whereas the receipt from the I-485 gives you authorized presence until your case is decided.

 

In addition, with an I-485, you can file I-131 and I-765 to let you travel (would not recommend it given your over stay) and work.

 

> not hire a lawyer. 

 

You might want to reconsider at least hiring a competent lawyer who has a sole practice area of immigration for an hour to get basic advice. 

[rambil 0]

7 minutes ago, Mike E said:

Filing the I-130 without the I-485 is dangerous because of your over stay. The I-130 leaves a bread crumb for ICE to come collect you and begin the removal process.

 

Whereas the receipt from the I-485 gives you authorized presence until your case is decided.

 

In addition, with an I-485, you can file I-131 and I-765 to let you travel (would not recommend it given your over stay) and work.

 

> not hire a lawyer. 

 

You might want to reconsider at least hiring a competent lawyer who has a sole practice area of immigration for an hour to get basic advice. 

Thank you for your advice. I previously had a lawyer but they are asking for 10k. We cannot afford to pay the lawyers fee that is why opted to DIY.