Jump to content
Salvador&Julissa

Filing I 485 while awaiting I 130 approval

By Salvador&Julissa in Adjustment of Status from Work, Student, & Tourist Visas

 Share

68 posts in this topic

Recommended Posts

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

Has anyone filed form I 485 while waiting for I 130 Approval?  Since the IR1 category has unlimited visas, I was wondering if I should go ahead and send the I 485 in.  I sent in the I 130 on 7.18.2022 and attorney said it is up to me if I wanted to send it in before the I 130 approval. Attorney said that many of his clients do both at the same time but the I 485 has to be mailed in and not done online. Thanks in Advance for any information.

Link to comment
Share on other sites
  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Salvador&Julissa
Salvador&Julissa

Yes, that is what the attorney said. That once we got married, his visa is voided. That if he leaves, he cannot come back in. He used to come back and forth to visit his kids in New Mexico. 

Boiler
Boiler

Assuming we are getting the full story no way is this an Immigration Lawyer

SteveInBostonI130
SteveInBostonI130

Hi,   Looks like I am late in joining the conversation.  With the current state of affairs, I would recommend adjustment of status. You stated he has children in NM.  After you file

Posted Images

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
3 minutes ago, powerpuff said:

Is your spouse (beneficiary) currently in the US? That is the only instance in which he/she can file I-485.

Yes, he is currently in the US.

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   39,674

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he is currently in the US.

Do you realize that an I-130 confers no immigration benefits ?  Is your spouse in status right now?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
powerpuff Mentor

powerpuff   5,985

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted (edited)
3 minutes ago, Salvador&Julissa said:

Yes, he is currently in the US.

Yes, he can file I-485. You have to keep in mind that he cannot travel or work until he receives EAD/AP (taking 8.5 to 12 months currently) or a GC (depends on you local field office).

 

Is he currently on B2 visa?

Edited by powerpuff

 

 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
2 minutes ago, Crazy Cat said:

Do you realize that an I-130 confers no immigration benefits ?  Is your spouse in status right now?

I am not understanding the question if he is in status right now?

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   39,674

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

I am not understanding the question if he is in status right now?

How did he enter the US?  When? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
3 minutes ago, powerpuff said:

Yes, he can file I-485. You have to keep in mind that he cannot travel or work until he receives EAD/AP (taking 8.5 to 12 months currently) or a GC (depends on you local field office).

 

Is he currently on B2 visa?

Yes, he came in with a visa to visit family. It hasn't expired.

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   39,674

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he came in with a visa to visit family. It hasn't expired.

Does he plan to file the I-485 or does he plan to seek a spousal visa at his consulate?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
powerpuff Mentor

powerpuff   5,985

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he came in with a visa to visit family. It hasn't expired.

You’re just going to have to make a choice on whether or not he is okay not traveling, not working and possibly not driving (depending on the state) for up to a year or possibly more. 

 

 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
1 minute ago, Crazy Cat said:

How did he enter the US?  When? 

Oh. With a Visa given to him to visit family.  He would come and go and usually it would be for 3 to 6 months.  When he came in the last time I think it was in Jan 2022 and I met him Feb 2022 and we got married In June 2022. He was going to go back but we were told he could not come back with the visa so I applied for the I 130. 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   39,674

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 minutes ago, Salvador&Julissa said:

Oh. With a Visa given to him to visit family.  He would come and go and usually it would be for 3 to 6 months.  When he came in the last time I think it was in Jan 2022 and I met him Feb 2022 and we got married In June 2022. He was going to go back but we were told he could not come back with the visa so I applied for the I 130. 

He has been in the US for 8 months?  How long is he authorized to stay?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
2 minutes ago, powerpuff said:

You’re just going to have to make a choice on whether or not he is okay not traveling, not working and possibly not driving (depending on the state) for up to a year or possibly more. 

I am ok with that but not sure if he is. He does have a drivers license from New Mexico but I brought him to Colorado to live with me. 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
1 minute ago, Crazy Cat said:

He has been in the US for 8 months?  How long is he authorized to stay?

He was allowed to stay til the end of June. I'm sure if he leaves now there will be no issues, but I don't want him to go. I could travel back and forth while we wait I guess.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,760

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Is this a real lawyer or a notario

 

I assume he is currently out of status and deportable

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...