Filing I-130 & I-485

[Mustang 0]

My wife and I meet online the last weekend in 2007. She came to visit me in US in July 2008 and returned home to Portugal. She came to visit again in October 2008 for an extended trip. During this visit we were engaged on Dec 1st 2008 and married on Dec 19th 2008. She is currently in this country on a visitor visa that will expire on Jan 15th 2009.

We are currently trying to get the medical examination and the necessary applications before the expiration of her visa.

We have many questions.

After reading through VisaJourney.com, I was convinced that we should file I-130, I-131, G-325a, I-864, I-485 and I-765, all at the same time, in order to ensure a complete package through the bureaucratic process.

However the instructions are to mail the I-130 and the I-485 to two different addresses.

As I understand the I-130 and I-485 can only be mailed in (not hand delivered), and we need an alien number on the I-485 which we do not have. Do we get the alien number after we file the I-130?

Is there an office where we can walk in and file these forms in the Dallas area?

I’m also considering postponing the I-485 to a later date. What is your opinion?

How much difficulty are we creating for ourselves if we do not file until February 2009, after the visitor visa is expired Jan 15, 2009?

Question on I-485 Part 2 Application Type

This part lists options a – j, yet it is unclear to me which fits our situation. The first, a., is close, It says “An immigrant petition giving me an immediately available immigrant visa number has been approved. I believe she will receive an immigrant number immediately, but she does not have it yet. Can she still file this anyway? Should she wait? Anothor possible choice is option h., "Other basis eligibility" which requires an explaination. What should I state as an explaination? Any examples, or points to address?

Question on I-485 Part 1 Information about you.

What should we provide as Current USCIS Status? Her current status is Vistor, but that would seem an inappropriate status for filling an I-485 form.

Question on I-765 Application for Employment Authorization.

Item 16 requests an Eligibility Category. I am uncertain which category is appropriate for our situation, but suspect “(c.)(16) an alien who has filed an application for creation of record of lawful admission for permanent residence” is the appropriate one. Any comments on this?

We apologize for the long post, and appreciate your knowledgeable comments and help.

Michael & Sonia

12/27/2007 Our first online contact of each other.

07/17/2008 She entered US from Portugal on Visitor Waiver Program.

08/02/2008 She returned to Portugal

10/17/2008 She entered US from Portugal on Visitor Waiver Program

12/01/2008 We became engaged to be married

12/20/2008 We were married in the US

01/12/2008 She has medical exam and vaccinations

Edited January 14, 2009 by Mustang

[payxibka 10,045]

However the instructions are to mail the I-130 and the I-485 to two different addresses.

As I understand the I-130 and I-485 can only be mailed in (not hand delivered), and we need an alien number on the I-485 which we do not have. Do we get the alien number after we file the I-130?

Is there an office where we can walk in and file these forms in the Dallas area?

I’m also considering postponing the I-485 to a later date. What is your opinion?

How much difficulty are we creating for ourselves if we do not file until February 2009, after the visitor visa is expired Jan 15, 2009?

Question on I-485 Part 2 Application Type

This part lists options a – j, yet it is unclear to me which fits our situation. The first, a., is close, It says “An immigrant petition giving me an immediately available immigrant visa number has been approved. I believe she will receive an immigrant number immediately, but she does not have it yet. Can she still file this anyway? Should she wait? Anothor possible choice is option h., "Other basis eligibility" which requires an explaination. What should I state as an explaination? Any examples, or points to address?

Question on I-485 Part 1 Information about you.

What should we provide as Current USCIS Status? Her current status is Vistor, but that would seem an inappropriate status for filling an I-485 form.

Question on I-765 Application for Employment Authorization.

Item 16 requests an Eligibility Category. I am uncertain which category is appropriate for our situation, but suspect “(c.)(16) an alien who has filed an application for creation of record of lawful admission for permanent residence” is the appropriate one. Any comments on this?

We apologize for the long post, and appreciate your knowledgeable comments and help.

If you are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS Lockbox Facility.

1. Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;

Alien number is NONE

Petitions are not accepted at a local offfice

Delay of the I-485 is not a problem, but the alien is subject to deportation if found

For Part II of the I-485, read carefully..

A. An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

Current status is B2 or VWP (depends on how she entered and what I-94 you posses). The alien is not adjusting from visitor but will be based on an approved I-130.

I-765 would be C ( 9) as an adjustment applicant based on the I-485

Edited January 14, 2009 by payxibka

[Old Dominion 26]

Everything must be mailed as per instructions, together with a check or money order for the proper fees. The I-130 is reviewed concurrently with the AOS application. It's OK to wait a few weeks until you have everything together, but it's better (in case she is asked for her ID) to get it all done before her visa expires. The NOA1 (receipt) is evidence that she is here legally. It is best to submit the AOS application at the same time as everything else, despite the big bucks it costs.

[Mustang 0]

However the instructions are to mail the I-130 and the I-485 to two different addresses.

As I understand the I-130 and I-485 can only be mailed in (not hand delivered), and we need an alien number on the I-485 which we do not have. Do we get the alien number after we file the I-130?

Is there an office where we can walk in and file these forms in the Dallas area?

I’m also considering postponing the I-485 to a later date. What is your opinion?

How much difficulty are we creating for ourselves if we do not file until February 2009, after the visitor visa is expired Jan 15, 2009?

Question on I-485 Part 2 Application Type

This part lists options a – j, yet it is unclear to me which fits our situation. The first, a., is close, It says “An immigrant petition giving me an immediately available immigrant visa number has been approved. I believe she will receive an immigrant number immediately, but she does not have it yet. Can she still file this anyway? Should she wait? Anothor possible choice is option h., "Other basis eligibility" which requires an explaination. What should I state as an explaination? Any examples, or points to address?

Question on I-485 Part 1 Information about you.

What should we provide as Current USCIS Status? Her current status is Vistor, but that would seem an inappropriate status for filling an I-485 form.

Question on I-765 Application for Employment Authorization.

Item 16 requests an Eligibility Category. I am uncertain which category is appropriate for our situation, but suspect “(c.)(16) an alien who has filed an application for creation of record of lawful admission for permanent residence” is the appropriate one. Any comments on this?

We apologize for the long post, and appreciate your knowledgeable comments and help.

If you are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS Lockbox Facility.

1. Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;

Alien number is NONE

Petitions are not accepted at a local offfice

Delay of the I-485 is not a problem, but the alien is subject to deportation if found

For Part II of the I-485, read carefully..

A. An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

Current status is B2 or VWP (depends on how she entered and what I-94 you posses). The alien is not adjusting from visitor but will be based on an approved I-130.

I-765 would be C ( 9) as an adjustment applicant based on the I-485

payxibka,

Are you suggesting that the I-130, I-485, and I-765 can be all mailed to the USCIS Lockbox Facility?

She entered under the VWP, so are you suggesting that VWP is an appropriate "Current USCIS Status" on the I-485? if we fill them all concurrently?

[Mustang 0]

The NOA1 (receipt) is evidence that she is here legally. It is best to submit the AOS application at the same time as everything else, despite the big bucks it costs.

Old Dominion,

I expect to shell out the big bucks for the I-485 at the same time as the other. Can one check be written for all the combined fees?

When and where do we get the NOA1?

[payxibka 10,045]

payxibka,

Are you suggesting that the I-130, I-485, and I-765 can be all mailed to the USCIS Lockbox Facility?

She entered under the VWP, so are you suggesting that VWP is an appropriate "Current USCIS Status" on the I-485? if we fill them all concurrently?

I am not only suggesting it, but copied exactly what the USCIS instructions indicate

Current status is what was granted at her last entry..... This is true not only if you file them all concurrently, but whenever you file the I-485.

The NOA1 (receipt) is evidence that she is here legally. It is best to submit the AOS application at the same time as everything else, despite the big bucks it costs.

Old Dominion,

I expect to shell out the big bucks for the I-485 at the same time as the other. Can one check be written for all the combined fees?

When and where do we get the NOA1?

Each application should have a separate fee payment (I-485, I-130).... NOAs come via USPS

Edited January 14, 2009 by payxibka

[Mustang 0]

The lockbox address for the I-130 is Chicago, and the lockbox address for I-485 is Mesquite. Does "Concurrent" filling mean seperate envelops mailed just on the same day, or does it mean to the same address and same envelope? If all is to be included in the same package, which address should be used?

The instruction do allow for filling of the I-765 with a ©9 category to the Chicago address.

[payxibka 10,045]

The lockbox address for the I-130 is Chicago, and the lockbox address for I-485 is Mesquite. Does "Concurrent" filling mean seperate envelops mailed just on the same day, or does it mean to the same address and same envelope? If all is to be included in the same package, which address should be used?

The instruction do allow for filling of the I-765 with a ©9 category to the Chicago address.

The USCIS has only ONE lockbox operation and that is located in Chicago.

Most people will include each application/petition in a concurrent filing situation in the same envelope.