Filing I 485 while awaiting I 130 approval

[Salvador&Julissa 5]

8 minutes ago, Crazy Cat said:

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

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

[Crazy Cat 39,802]

1 minute ago, Salvador&Julissa said:

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.

He's out of status!!!!!!!  He is subject to detention and removal.  I suggest he make a decision asap.

[Crazy Cat 39,802]

Just now, Salvador&Julissa said:

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

If he leaves now, he will not incur a ban.  However, his visitor visa is voided.  I suggest he either leave or immediately file an I-485.

[Salvador&Julissa 5]

1 minute ago, Crazy Cat said:

He's out of status!!!!!!!  He is subject to detention and removal.  I suggest he make a decision asap.

A decision like to file the I 485?

[powerpuff 6,031]

1 minute ago, Salvador&Julissa said:

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

So why didn’t you file both I-130 and I-485? You filed I-130 in July and it’s already end of September 

 

Furthermore, your profile says IR1/CR1 which is a spousal visa and you posted in IR1/CR1 spousal visa forum. Everyone is understandably confused 

[Crazy Cat 39,802]

Just now, Salvador&Julissa said:

A decision like to file the I 485?

Yes.  Once he files a proper I-485, he will be granted authorized stay in the US until it is either approved or denied.  But, as @powerpuff stated, he cannot work or travel outside the US until authorized. 

[Salvador&Julissa 5]

Just now, Crazy Cat said:

If he leaves now, he will not incur a ban.  However, his visitor visa is voided.  I suggest he either leave or immediately file an I-485.

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. 

[powerpuff 6,031]

Just now, Salvador&Julissa said:

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. 

I’m lost as to why your attorney has not advised you to file I-485 a long time ago. 

[Salvador&Julissa 5]

1 minute ago, powerpuff said:

So why didn’t you file both I-130 and I-485? You filed I-130 in July and it’s already end of September 

 

Furthermore, your profile says IR1/CR1 which is a spousal visa and you posted in IR1/CR1 spousal visa forum. Everyone is understandably confused 

Isn't IR 1 for a spouse of a US Citizen? Now I am confused. I am sure attorney said IR 1

[Crazy Cat 39,802]

Just now, Salvador&Julissa said:

That once we got married, his visa is voided.

If your attorney said that, then he/she is an idiot.  The visa was voided the minute he overstayed.  In addition, the attorney SHOULD have advised him to either leave immediately or submit an I-485.

[powerpuff 6,031]

Just now, Salvador&Julissa said:

Isn't IR 1 for a spouse of a US Citizen? Now I am confused. I am sure attorney said IR 1

IR1 and CR1 are for spouses of US citizen who are going through the process abroad at a US consulate….

[Boiler 43,824]

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

[Salvador&Julissa 5]

Just now, powerpuff said:

I’m lost as to why your attorney has not advised you to file I-485 a long time ago. 

He said we filed the I 130 online and that we need to send in the I 485 to the Office who gets our file

[Crazy Cat 39,802]

Just now, Salvador&Julissa said:

He said we filed the I 130 online and that we need to send in the I 485 to the Office who gets our file

FIRE THAT ATTORNEY TODAY!!!

[powerpuff 6,031]

~~ Topic moved from IR1/CR1 spousal visa forum to Adjustment of status (AOS) from work/tourist/student visas as that was the internation for the beginning ~~

Edited September 20, 2022 by powerpuff