Filing I 485 while awaiting I 130 approval

[Salvador&Julissa 5]

2 minutes ago, Crazy Cat said:

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.

I am going to have to see if I can talk to another attorney. Thank you so much. 

[Crazy Cat 39,802]

1 minute ago, 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

This brings us back to our question.  Are Is your husband going to file an I-485 or is he going to seek a spousal visa?

[powerpuff 6,031]

2 minutes ago, Crazy Cat said:

FIRE THAT ATTORNEY TODAY!!!

He should be fired yesterday. Awful.

[Salvador&Julissa 5]

Just now, Crazy Cat said:

This brings us back to our question.  Are Is your husband going to file an I-485 or is he going to seek a spousal visa?

So now I don't know. I'm going to have to ask what the difference is and which is the better way to go. 

[Crazy Cat 39,802]

.  

 

Edited September 20, 2022 by Crazy Cat

[Crazy Cat 39,802]

1 hour ago, Salvador&Julissa said:

I'm going to have to ask what the difference is and which is the better way to go. 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

Adjustment of status:
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
   
    

CR-1
   
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Edited September 20, 2022 by Crazy Cat

[Crazy Cat 39,802]

4 minutes ago, Salvador&Julissa said:

So now I don't know. I'm going to have to ask what the difference is and which is the better way to go. 

I wonder how the attorney filled in the I-130 regarding consulate or adjustment of status?

[Salvador&Julissa 5]

2 minutes ago, Crazy Cat said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

Adjustment of status:
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
   
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Thank you for all your help. We will discuss it and see what we decide.

[Salvador&Julissa 5]

Just now, Crazy Cat said:

I wonder how the attorney filled in the I-130 regarding consulate or adjustment of status?

IDK. All  I know is he filed and it is currently being reviewed. 

[powerpuff 6,031]

6 minutes ago, Crazy Cat said:

approx 6-8 months

More like 8.5 to a year nowadays. I got my EAD application looked at after 11 months form filing date (thankfully got my GC faster).

 

The important question is how long has he overstayed. He may or may not have incurred a ban.

Edited September 20, 2022 by powerpuff

[Crazy Cat 39,802]

1 minute ago, Salvador&Julissa said:

IDK. All  I know is he filed and it is currently being reviewed. 

Good luck.  i think you'll find the guides here on Visa Journey to be helpful.

[Salvador&Julissa 5]

1 minute ago, powerpuff said:

More like 8.5 to a year nowadays. I got my EAD application looked at after 11 months form filing date (thankfully got my GC faster).

 

The important question is how long has he overstay. He may or may not have incurred a ban.

His permission expired 6-30-22 so about 3 months

[Crazy Cat 39,802]

1 minute ago, powerpuff said:

The important question is how long has he overstay. He may or may not have incurred a ban.

If I understood correctly, he was authorized until June.

[powerpuff 6,031]

He still has a chance to go the spousal visa route. I believe overstays of less than 180 days will not pose a problem at the consular interview (correct me if I’m wrong). Overstay of 180+ days incurs a 3 year ban, 1+ year overstay is a 10 year ban.

Edited September 20, 2022 by powerpuff

[Salvador&Julissa 5]

3 minutes ago, Crazy Cat said:

Good luck.  i think you'll find the guides here on Visa Journey to be helpful.

So what category is he if I filed I 130 and he is in USA?