Filling I-130 alone and wait?

[Alla 3]

I'm getting ready to file I-130, I-485 etc. But I have a question.

If I file only I-130 alone and it will be denied will I still receive deportation order or only if I file with I-485?

Will USCIS charge $1,010 if I-485 will be denied?

I read that some people file just I-130 first and wait for the answer. Is it smart?

[FortLaudy 10]

Why so worried about getting denied? Did you overstay your visa? Get caught working while on a non-work visa? Do you have a bona fide marriage? Does your husband have a job with an income higher than the poverty level? Yes, there are quite a few reasons an AOS application can be denied, but if you have a straight-forward case and a good-fait marriage I don't see why you should be denied... Instead of being worried about a denial, just make 100% sure you have your application in order and have everything they ask for, apply for both I-130 and I-1485 together and don't stress out so much...

[Alla 3]

Why so worried about getting denied? Did you overstay your visa? Get caught working while on a non-work visa? Do you have a bona fide marriage? Does your husband have a job with an income higher than the poverty level? Yes, there are quite a few reasons an AOS application can be denied, but if you have a straight-forward case and a good-fait marriage I don't see why you should be denied... Instead of being worried about a denial, just make 100% sure you have your application in order and have everything they ask for, apply for both I-130 and I-1485 together and don't stress out so much...

I did overstay my visa but during that time I had pending VAWA with USCIS. I have bona fide marriage and have all they need for this. Income is fine also. I'm very stressed because my VAWA was denied (my lawyer failed to reply on RFE) and it will definitely be a red flag for them.

[juliava 80]

What is usually supposed to happen when you overstay and your VAWA application gets denied?

[Alla 3]

Any helpful answers?

[FortLaudy 10]

I think you have to give us a bit more background info for us to help you out.... for example, what type of visa are you on now? When and how did you enter the US, are you married/divorced/seperated from your USC husband? From what I understand now is that you're filing "alone" as you're on an overstay but pending VAWA with USCIS?

So did you enter on K1, married a US Citizen and then experience domestic violence from your husband but have not filed I-130 or I-485 paperwork together with your husband yet? Your case is very complicated, so if I was you I would definetely consult an immigration lawyer.

But I have recently read a huge post by a USC male about his wife who filed alone and succeeded. She claimed domestic violence shortly after the marriage and filing of the I-130 even before they had reached interview stage, but when she moved out of their house he withdrew his petition (I-130) and wanted her to get out of the country, his username was "Merrilizer", but from his last post it seems like they went all the way through a few court hearings and because she took protection under VAWA she succeeded in filing alone after he granted her a divorce instead of an anullment, maybe that will help a bit... Usually VAWA is only affective before the stage: "lifting of conditions I-751 - after the foreign spouse has adjusted status to resident and the couple has been married for about 2 years, allowing foreign wives (who were victims of domestic violence) to file the I-751 without the need for the USC to sign, but it seems like you have not filed any paperwork at all so it's more complicated, consult an attorney as soon as possible!

[Alla 3]

I think you have to give us a bit more background info for us to help you out.... for example, what type of visa are you on now? When and how did you enter the US, are you married/divorced/seperated from your USC husband? From what I understand now is that you're filing "alone" as you're on an overstay but pending VAWA with USCIS?

So did you enter on K1, married a US Citizen and then experience domestic violence from your husband but have not filed I-130 or I-485 paperwork together with your husband yet? Your case is very complicated, so if I was you I would definetely consult an immigration lawyer.

But I have recently read a huge post by a USC male about his wife who filed alone and succeeded. She claimed domestic violence shortly after the marriage and filing of the I-130 even before they had reached interview stage, but when she moved out of their house he withdrew his petition (I-130) and wanted her to get out of the country, his username was "Merrilizer", but from his last post it seems like they went all the way through a few court hearings and because she took protection under VAWA she succeeded in filing alone after he granted her a divorce instead of an anullment, maybe that will help a bit... Usually VAWA is only affective before the stage: "lifting of conditions I-751 - after the foreign spouse has adjusted status to resident and the couple has been married for about 2 years, allowing foreign wives (who were victims of domestic violence) to file the I-751 without the need for the USC to sign, but it seems like you have not filed any paperwork at all so it's more complicated, consult an attorney as soon as possible!

Shani682, I appreciate that you trying to help me but my main question was if I should file I-130 by itself or together with I-485.

I came on J1 visa, i'm not subject to 2 years residence back home, i'm married now (after 2 years relationship,were engaged for 6 months).

3 years ago I filed VAWA from my previous husband but it was denied as my attorney failed to respond on RFE.

I consulted many attorneys and nobody sees a problem with adjusting my status now.

The only one concern that I read on one website that it is better to file I-130 first and wait for the answer. And after approval send I-485.

I want to know which way better to file?

P.S. Sorry for confusion.

[FortLaudy 10]

I came on J1 visa, i'm not subject to 2 years residence back home, i'm married now (after 2 years relationship,were engaged for 6 months).

Ok, thanks for clearing that up, it was a little confusing, I see there are two marriages now.

You came on J1 visa, is that the one that was overstayed? What is your status right now?

3 years ago I filed VAWA from my previous husband but it was denied as my attorney failed to respond on RFE.

I consulted many attorneys and nobody sees a problem with adjusting my status now.

Does this mean you overstayed for 3 years?

The only one concern that I read on one website that it is better to file I-130 first and wait for the answer. And after approval send I-485.

Read the "WHO IS NOT ELIGIBLE TO ADJUST STATUS" on page 2 of I-485 Instructions

http://www.uscis.gov/files/form/i-485instr.pdf

I have heard that a lot of "sins" - overstays, working illegally etc. are forgiven when married to a US citizen - there are clearly enough of those cases right here on VJ, however it is a big gamble and risk and just depends on the mood of the IO processing your case.

I would always suggest filing I-130 concurrently with I-485 just cause it is obviously processed quicker.

[Alla 3]

Dear Shani683,thank you for your answer. I guess I will file all forms together.