Filing form I-130

[kingpups 3]

My spouse is in the united states, we got married in April and are starting the application process for lawful permanent resident. I am a US citizen and he is from the UK. I am preparing the I-485 application and started to question whether we needed to file form I-130 either before I-485 or concurrently. We have spoken with a lawyer in the past and they never mentioned I-130, as I was previously under the impression that was used when you spouse was outside the US

[Crazy Cat 39,597]

If you married within the 90 days after his entering via a K-1, the I-130 is not needed.  

 

Edited September 2, 2021 by Crazy Cat

[kingpups 3]

We are not filing under a k-1 visa, but rather we got married and are going straight for adjustment of status from a tourist visa

[Crazy Cat 39,597]

2 minutes ago, kingpups said:

We are not filing under a k-1 visa, but rather we got married and are going straight for adjustment of status from a tourist visa

Then an I-130 is required .

Concurrent filing means filing the I-130 and the I-485 together. 

Edited September 2, 2021 by Crazy Cat

[kingpups 3]

Just now, Crazy Cat said:

Then an I-130 is required.

even if he is currently in the US?

[Crazy Cat 39,597]

Just now, kingpups said:

even if he is currently in the US?

Yes.  The I-130 is the basis for the I-485.  

[Crazy Cat 39,597]

Concurrent Filing means you are filing the I-130 package and the I-485 package at the same time. 

 

 

Edited September 2, 2021 by Crazy Cat

[kingpups 3]

Just now, Crazy Cat said:

Yes.  The I-130 is the basis for the I-485.  

ok yes i see that, is the I-130 filed concurrently or before the I-485? I see that their are different conditions for either option and I'm not sure which applies to us

[Crazy Cat 39,597]

1 minute ago, kingpups said:

ok yes i see that, is the I-130 filed concurrently or before the I-485? I see that their are different conditions for either option and I'm not sure which applies to us

The I-130 can be filed either before or at the same time.  The I-130 can be filed online....but the I-485 cannot.  You might want to study this guide:

 

 

[HRQX 4,145]

***I have moved this topic to Adjustment of Status from Work, Student, & Tourist Visas forum*****

[edsperfect 25]

15 hours ago, Crazy Cat said:

The I-130 can be filed either before or at the same time.  The I-130 can be filed online....but the I-485 cannot.  You might want to study this guide:

 

 

 

file the i-130, 485, 795 together at chicago lock box

[HRQX 4,145]

18 hours ago, kingpups said:

My spouse is in the united states, we got married in April

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, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

He'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.

 

He'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

Edited September 3, 2021 by HRQX