for those who send I-130 and I-485

[anca 0]

I have a guestion for all the people who send both forms I-130 and I-485, did you send them in different envelopes or both in the same envelope

please if you can answer my question

thanks

[camaleon 0]

The same for i-130 and i-485.

[Oomer 0]

hi,

it is better to send them together in one envelop and write content of your envelop, with a cover letter. Bu i am seeing that you entered on J1. it is special situation . J1 is exchange visitor visa. and also has certain limitations. So i advise you to consult some body in same situation in this forum or any good attorney.

I have a friend who is j1 and married us citizen. but he has to go back to his native country as part of J1 visa condition.

Okay best wishes

Ans

[ryncarr 0]

Anca, both I-130 and I-485 should be sent in the same packet if you are applying for adjustment based on your marriage. The I-130 is a relative petition which serves as the basis for adjustment and can be filed concurrently with your I-485; or prior to I-485 in certain situations. It is important for the immigration officer evaluating your paperwork that your adjustment has a basis and in this situation, it is the I-130.

Also, regarding your J1 status, it is important for you to document in your application that either 1) you are not subject to the 2 year home residence requirement which applies to some J1 visa holders or 2) that you have a waiver of this requirement if your are subject to the 2 year home residence requirement. Part of the I-485 form is a checklist where it asks this question. If you are subject to the 2 yr home residence requirement and you have not gotten a waiver of this requirement, then you cannot adjust status until you fulfill the requirement or get a waiver. But make sure that these are documented well in your packet (e.g. that you've fulfilled the requirement or have gotten a waiver or not subject to the 2yr HRR).

I hope this helps.

Good Luck!

[LoveLove 0]

I was on J-1 visa as well, but my visa clearly stated that "212(e) doesn't apply" which I don't have to go back to my home country for 2 years. so I put every question asks what kind of visa are you on, I put J-1 212(e) doesn't apply. I'm still on the process so I can't tell you for sure but some friends had same visa as mine, got approved so I think if your visa says that as well you can go ahead send packet to chicago.

I sent everything togetherin one envelope I-130, I-485, I-765, I-131.

I had one top cover letter said it includes I-130 and I-485.

and I had more detail cover letters for I-130 and another one for I-485.

Good luck on your journey!

[anca 0]

Anca, both I-130 and I-485 should be sent in the same packet if you are applying for adjustment based on your marriage. The I-130 is a relative petition which serves as the basis for adjustment and can be filed concurrently with your I-485; or prior to I-485 in certain situations. It is important for the immigration officer evaluating your paperwork that your adjustment has a basis and in this situation, it is the I-130.

Also, regarding your J1 status, it is important for you to document in your application that either 1) you are not subject to the 2 year home residence requirement which applies to some J1 visa holders or 2) that you have a waiver of this requirement if your are subject to the 2 year home residence requirement. Part of the I-485 form is a checklist where it asks this question. If you are subject to the 2 yr home residence requirement and you have not gotten a waiver of this requirement, then you cannot adjust status until you fulfill the requirement or get a waiver. But make sure that these are documented well in your packet (e.g. that you've fulfilled the requirement or have gotten a waiver or not subject to the 2yr HRR).

I hope this helps.

Good Luck!

2 year rule does not apply in my case

thanks for the info guys,