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HelenOfTroy

Is it better to apply to the I-130 and I-485 concurrently or separately?

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

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HelenOfTroy Newbie

HelenOfTroy   0

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Filed: Country: Brazil
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I am an US citizen, I married a Brazilian man who came to the US on a student (so he entered legally) visa but has overstayed. Should we file the I-130 and I-485 concurrently (together with the I-765, I-864, and G-325 his and mine and supporting documentation), or should we first file for the I-130, wait until that is accepted and then file the other forms. Thanks!!

familyguy Enthusiast

familyguy   2

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Filed: AOS (apr) Country: Ireland
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He is out of status until the I 485 is filed and an NOA1 recd. For his protection it is advisable to file them together ASAP. I understand that is not always possible for everyone because of financial constraints and many other reasons. But the sooner the better.

Good luck.

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pushbrk Grand Master

pushbrk   13,188

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Filed: Other Country: China
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Posted
He is out of status until the I 485 is filed and an NOA1 recd. For his protection it is advisable to file them together ASAP. I understand that is not always possible for everyone because of financial constraints and many other reasons. But the sooner the better.

Good luck.

Correct. This is an adjustment of status question though, not a K1 fiance visa question. I'm sure an organizer will be along to move it.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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