Concurrent Filing of I-130 and I-485

[Timothy Campbell 0]

Previous Thread: My last thread on VisaJourney was here.

Brief History: I am Canadian. I met Krystal (American) via the internet. In May 2007 I flew to the USA to get to know her better. Love blossomed! In July 2007 we married. Since then we've lived together in Kentucky. Now we face the challenges of I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status).

What We Are Doing: We are working towards a "concurrent I-130 filing", as described on the VisaJourney guide here. As I interpret it, the guide suggests that all forms (I-130, I-485, plus I-765 and I-131) go out together in a single package. That sounds reasonable enough!

My Dilemma: The USCIS instructions for the I-130 say I have to mail it to a place in Texas, while the instructions for I-485 say I need to mail it to Chicago. Yet the word "concurrent" seems to suggest that everything should be filed all on the same day and (perhaps) go to the same address.

My Question: Has anybody else gone through the I-130/I-485 procedure and faced this dilemma? If so, did you mail everything in one package, or did you send the I-130 to one place and the I-485 to another?

[thetreble 19]

All of my paper work was filed with the NBC in Missouri. My lawyer sent the package but he sent everything there.

PS- how long did you talk to your wife on the internet before you got married? you might have some immigration officers eventually asking you how you came for the first time to meet her and got married two months afterwards. Most people go back and forth from their perspective countries for years.

[kim&james 0]

Send everything to Chicago, for concurrent processing with the I485.

You only need to send the I-130 to the service center if your spouse intends on filing for a K3/IR/CR visa and leaving the country to interview at the home consulate.

[Kez/JWolf 6]

Agreed.... everything has to go to the Chicago lockbox.... I did I-130 and AOS together and had no issues... good luck

Kez

[Jasman0717 8]

We only did AOS and EAD but it all went to the Chicago lockbox.

[Timothy Campbell 0]

Thanks, everybody, for the responses so far!

PS- how long did you talk to your wife on the internet before you got married? you might have some immigration officers eventually asking you how you came for the first time to meet her and got married two months afterwards. Most people go back and forth from their perspective countries for years.

I knew her via a voice/video system for about a year, where I hang out in the philosophy rooms. I enjoyed her quirky sense of humor.

Here's an example of her delightful sense of the absurd. I posed a question to the room -- a thought-experiment -- asking how a neighborhood would react if somebody stole their beloved pets during the night. Before anybody else could answer, she keyed up her microphone and said, "I'd switch them around." In an instant I was visualizing the ensuing confusion, and the wild theorizing. I laughed so hard I nearly fell off my chair!

We began chatting seriously -- one-on-one -- in January, and I flew down for two weeks in February. That visit felt all too brief, as we could only see each other for a couple of hours a day, so I came down for a longer stay in May, and this time I stayed in her apartment instead of a motel. That's when deep fondness turned into true commitment!

[Kez/JWolf 6]

The fact that you knew your partner before you came and got married will not be an issue when you do AOS... I have known my husband all my life.... my parents and his parents have been friends since both our mum's were school penpals... they were 13 years old when they started to write to eachother through a school programe...

I have spent just about every summer in Boston since I was a young child and grew up along side my now husband... We are both in our late 40's and I have been married before... I came over here in Feb 2005 to spend some time with his family to help me recover from major surgery.... I dont know what was diffrent this time but we fell in love in a very fast period of time.... we were married on April 9th 2005 and filed for AOS and I-130 in May 2005, we were approved at interview in Nov 2005 and are now lifting conditions... I was never asked at our interview about how long we had known each other or what my intent was when I entered the US...

Most of the people on VJ who have done AOS from a VWP/tourist visa or just came from Canada have not been asked to prove their intent at entry... most of the time it is never mentioned at interview...

Kez

[Laynie 0]

The fact that you knew your partner before you came and got married will not be an issue when you do AOS... I have known my husband all my life.... my parents and his parents have been friends since both our mum's were school penpals... they were 13 years old when they started to write to eachother through a school programe...

I have spent just about every summer in Boston since I was a young child and grew up along side my now husband... We are both in our late 40's and I have been married before... I came over here in Feb 2005 to spend some time with his family to help me recover from major surgery.... I dont know what was diffrent this time but we fell in love in a very fast period of time.... we were married on April 9th 2005 and filed for AOS and I-130 in May 2005, we were approved at interview in Nov 2005 and are now lifting conditions... I was never asked at our interview about how long we had known each other or what my intent was when I entered the US...

Most of the people on VJ who have done AOS from a VWP/tourist visa or just came from Canada have not been asked to prove their intent at entry... most of the time it is never mentioned at interview...

Kez

But how is it that you were able to marry but not return to Canada during the process?

We had thought about doing it that way but we didn't want deportation hanging over our heads, you mean to say that you went for a visit got married stayed in the states and filed for AOS and nothing was said to you at your interview!???

[Killer_Clown_2009 0]

But how is it that you were able to marry but not return to Canada during the process?

We had thought about doing it that way but we didn't want deportation hanging over our heads, you mean to say that you went for a visit got married stayed in the states and filed for AOS and nothing was said to you at your interview!???

http://www.uscis.gov/files/article/A1.pdf

Can my relative wait in the United States until becoming a

permanent resident?

Your approved relative’s petition gives your relative a place in line

among those waiting to immigrate. It does not let him/her come

to the U.S. or remain here until he/she can apply for

permanent residence. He/she should wait outside the U.S. to

immigrate legally. If he/she comes or stays without legal status,

it will affect his/her eligibility to become a permanent resident

when his/her place in line for a visa is reached. However, if your

husband or wife, unmarried child under 21, or parent is already

in the U.S. after having entered legally (and in certain other

circumstances), and applies for permanent residence when you

file your petition, then he/she may, with certain exceptions,

remain in the U.S. while we process their application for

permanent residence.

[mareID 0]

All of my paper work was filed with the NBC in Missouri. My lawyer sent the package but he sent everything there.

PS- how long did you talk to your wife on the internet before you got married? you might have some immigration officers eventually asking you how you came for the first time to meet her and got married two months afterwards. Most people go back and forth from their perspective countries for years.

[athena_ny 1]

The fact that you knew your partner before you came and got married will not be an issue when you do AOS... I have known my husband all my life.... my parents and his parents have been friends since both our mum's were school penpals... they were 13 years old when they started to write to eachother through a school programe...

I have spent just about every summer in Boston since I was a young child and grew up along side my now husband... We are both in our late 40's and I have been married before... I came over here in Feb 2005 to spend some time with his family to help me recover from major surgery.... I dont know what was diffrent this time but we fell in love in a very fast period of time.... we were married on April 9th 2005 and filed for AOS and I-130 in May 2005, we were approved at interview in Nov 2005 and are now lifting conditions... I was never asked at our interview about how long we had known each other or what my intent was when I entered the US...

Most of the people on VJ who have done AOS from a VWP/tourist visa or just came from Canada have not been asked to prove their intent at entry... most of the time it is never mentioned at interview...

Kez

But how is it that you were able to marry but not return to Canada during the process?

We had thought about doing it that way but we didn't want deportation hanging over our heads, you mean to say that you went for a visit got married stayed in the states and filed for AOS and nothing was said to you at your interview!???

Kez is from Scotland, first.

She had no intent to marry when she entered, so there was fraud, and as long as she was prepared to prove it, pretty much had very little to worry about. Plans change, and all that.

My husband and I married while he was on a B2 visa, but he was a 5 year overstay so proving no intent to marry and stay was a little easier - but we weren't even asked. The IO said, "You came in as a visitor, correct?" to him and that was it.