This is so confusing!

[Down With PMP 0]

Background: I am USC, marrying foreign citizen who is legally present in the US on a work visa.

Source of my confusion: I thought (I don't know why but I did) that you file I-130 and I-485 at the same time.

But then I read this on uscis.gov website:

"The U.S. Department of State will invite them to apply for an immigrant visa as soon as we approve your I-130 petition. If your petition has been approved, and your relatives are currently in the United States after making a legal entry (and they meet certain other requirements), they may be able to file applications with USCIS to adjust to permanent resident status.

This sounds like I-130 first, then I-485 after I-130 is approved?

Is this true?

Argh!

[Down With PMP 0]

Oh link of document on uscis.gov is http://www.uscis.gov/files/article/A1eng.pdf

[Bobby+Umit 161]

Yes, that is what that means.

Normally, they approve the 130 first, then your relative comes over and applies for the 485.

But in your case, you are filing at the same time, so that doesn't matter to you at this time.

(they could still deny the 485, but not likely, as long as no adverse factors in the persons background and they meet all the other requirements to AOS)

Do yourself a favor and look at the guide for AOS when the spouse is in the US.

US Citizen and Spouse both live/reside in the US:

-----o I-130 Petition and Adjustment of Status Guide

Edited June 19, 2009 by Bobby_Umit

[Down With PMP 0]

Yea I read the guides and it seemed to say to file concurrently. Then i read uscis.gov and my mind got fried.