Concurrent Filing of Form I-485 with an online I-130 submission?

[Hibiscus Stardew 1]

I am a U.S. Citizen, and my wife has an H-1B visa. We currently live in the U.S.

 

I have filled out the online version of the I-130, Petition for Alien Relative. However, we would also like to concurrently file the I-485 (Application to Register Permanent Residence or Adjust Status), as well as related forms: I-765 (Employment Authorization) and I-131 (Travel Document). The I-130 Where To File documentation notes: "You cannot file Form I-485 or Form I-129F online at this time".

 

However, it appears that it is still possible to concurrently file an I-130 and I-485, even if they are submitted separately:

 

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To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.  They will also be considered concurrently filed if the adjustment of status application (Form I-485) is filed after the immigrant visa petition but while the immigrant visa petition remains pending.

Is it possible to submit the 1-130 online and then subsequently submit the I-485 and other forms on paper by mail? Does anyone have experience with this? Would there be drawbacks compared to a purely paper submission that could all be mailed at once?

 

I have a strong proclivity towards online submission, and am more comfortable operating by digital files and forms rather than snail mail. But I don't want to complicate an already complicated process. Any advice?

[Hibiscus Stardew 1]

I just saw the following on the I-130 page:

 

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You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

So it sounds like it is possible to do I-130 online and then I-485 by mail. Any feedback on whether there'd be any drawbacks to this would be appreciated.

[HRQX 4,145]

41 minutes ago, Hibiscus Stardew said:

Is it possible to submit the 1-130 online and then subsequently submit the I-485 and other forms on paper by mail?

Yes, but you'll have to wait for official I-130 Receipt notice. The notice should say something like "Form I-797C, Notice of Action" in upper-right hand corner. After a few days look for it under "USCIS notices":

Remember to upload I-130A supplement to online I-130 application.

 

I-864 is filled-out by the US citizen, and the rest of the following forms by the immigrant. In general, send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 Receipt notice, I-864 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-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

1 hour ago, Hibiscus Stardew said:

Any feedback on whether there'd be any drawbacks to this would be appreciated.

On the I-130, leave the following 3 fields completely blank:

That is to avoid the following issue:

 

[pushbrk 12,975]

The drawback to filing online I-130 and then mailing the I-485 is that it is NOT a concurrent filing.  File it all by mail CONCURRENTLY.  Follow the applicable VJ guide for doing so.

[HRQX 4,145]

13 minutes ago, pushbrk said:

The drawback to filing online I-130 and then mailing the I-485 is that it is NOT a concurrent filing.

Per USCIS, they still consider it a concurrent filing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485 "To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location. They will also be considered concurrently filed if the adjustment of status application (Form I-485) is filed after the immigrant visa petition but while the immigrant visa petition remains pending."

[pushbrk 12,975]

1 minute ago, HRQX said:

Per USCIS, they still consider it a concurrent filing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485 "To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location. They will also be considered concurrently filed if the adjustment of status application (Form I-485) is filed after the immigrant visa petition but while the immigrant visa petition remains pending."

Considered?  Yes.  Actually concurrently filed?  No.  The difference is the timeline delay while you wait for the receipt and wait for them to join the files.  You'll be completing a total of 8 forms, only one of which can be filed online.  Is it worth it?  You decide.

 

[Skyman 327]

I did just that.  I filed the 130 online in September.  Mailed in the 485 late October including the receipt number from the 797C from the 130.  The 485 package was returned in early December due to not including the 944.  Sent the package back with the 944 before Christmas and received the 797C for the 485 in January with a September 16th PD, same as the 130. 

[_blossom- 0]

hello everyone! does anyone have a cover letter page if they filed online and the rest by paper? thank you so much

[NikkiR123 35]

On 3/15/2021 at 8:42 PM, Skyman said:

I did just that.  I filed the 130 online in September.  Mailed in the 485 late October including the receipt number from the 797C from the 130.  The 485 package was returned in early December due to not including the 944.  Sent the package back with the 944 before Christmas and received the 797C for the 485 in January with a September 16th PD, same as the 130. 

What's the 944?

[HRQX 4,145]

1 hour ago, NikkiR123 said:

What's the 944?

That form no longer exists: https://www.uscis.gov/i-944 "beginning on March 9, 2021, applicants should not file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued."

Edited June 16, 2021 by HRQX

[NikkiR123 35]

54 minutes ago, HRQX said:

That form no longer exists: https://www.uscis.gov/i-944 "beginning on March 9, 2021, applicants should not file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued."

Thank you !!

[Skyman 327]

15 hours ago, NikkiR123 said:

What's the 944?

A former annoyance.