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recalcitrance

Do I Need an I-130 AND an I-485?

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

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recalcitrance Rookie

recalcitrance   0

Posted
Filed: Other Country: Romania
 Timeline
Posted

F-1 in US for 3 years. Never left. Married in the States. Currently living in the States.

Does he need an I-130 WITH an I-485 or just an I-485 by itself?

From my understanding, an I-130 is a petition for a relative to come INTO the US, but he's already here with VISA, I-20, and SSN.

He's meeting with the Civil Surgeon on Monday and we will be filing immediately.

Please, any input would be greatly appreciated.

Thank you!

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Rosie74 Collaborator

Rosie74   0

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

No, the USC needs to file the I-130 as well. The I-485 has no base to be approved without the petition from the US Citizen, that's why the I-130 needs to be filed together with I-485.

I am also here legally under work visa and my husband is filing the I-130 for me, so that I can file my I-485 to adjust status at the same time :)

05/12/04 => Arrived in the US under L1 status / work visa

03/05/05 => Met the love of my life

07/02/07 => Married my wonderful USC husband

______AOS JOURNEY________________________________

10/03/08 => Package sent to USCIS

03/03/09 => Interview in Chicago, IL =>> APPROVED!

______REMOVAL OF CONDITIONS JOURNEY______________

12/03/10 => Package sent to California service center

03/02/11 => 10 YR GREEN CARD RECEIVED!!

______CITIZENSHIP JOURNEY_________________________

01/20/12 => Filed N-400 for Citizenship

06/21/12 => Citizenship interview: Approved!

07/25/12 => Oath Ceremony.. DONE WITH USCIS!!

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sweetpiano Collaborator

sweetpiano   0

Posted
Filed: Lift. Cond. (apr) Country: Romania
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Posted (edited)

File I-485 concurrently with I-130. The petition establishes the alien's eligibility to adjust status, without it the alien has no right to adjust status.

Guide for concurrent filing

Bafta!

Edited by sweetpiano

10-Apr-08...Filing date for I-130/AOS/EAD/AP

02-May-08...Biometrics

31-Jul-08...EAD Card received

15-Sep-08...Interview (APPROVED)

27-Sep-08...GC received

03-Aug-10...Filed I-751 (Removal of Conditions)

06-Aug-10...NOA 1-yr Extension Letter

10-Sep-10...Biometrics

02-Dec-10...ROC approved! (Card production ordered)

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