I-130 and I-485 concurrent or not

[fermat 32]

The I-130 guide indicates that when filing for an alien spouse the beneficiary will receive a conditional Green Card upon entering the US (assuming the marriage is less than 2 years old). It does not mention the filing of form I-485 anywhere in the guide. If the goal is to get a Green Card for the beneficiary at the time they arrive in the US, is the I-130 sufficient or does one need to file I-130 and I-485 concurrently?

[TheBears 9]

Spouse is currently outside the US = CR1 = File I-130

Spouse is currently in the US = AOS = I-130 and I-485

[besaangel 18]

The I-130 guide indicates that when filing for an alien spouse the beneficiary will receive a conditional Green Card upon entering the US (assuming the marriage is less than 2 years old). It does not mention the filing of form I-485 anywhere in the guide. If the goal is to get a Green Card for the beneficiary at the time they arrive in the US, is the I-130 sufficient or does one need to file I-130 and I-485 concurrently?

TheBears is correct and concise. I must also add that it depends on what visa you are applying for, this will help us to better answer you questions.

[fermat 32]

TheBears is correct and concise. I must also add that it depends on what visa you are applying for, this will help us to better answer you questions.

That's just it. I thought I knew what visa I needed but maybe I don't. I want to get married here in the US, my spouse returns to her home country to work for the 6 months or so while visa is being processed. Once she goes outside the US we file I-130 (necessary) and I-485 (unnecessary?) so when she returns to the US she has a GC in hand and can continue working for the same or different company. The point is to avoid needing EAD completely because I believe it would be nearly impossible for her to find a job she would want under EAD. From what I understand now from TheBears, we do not need the I-485 at all. The AOS will happen automatically when she enters the country if I file I-130 and she passes all the requirements at the Consulate. Please correct me if I'm wrong.

Thanks

[TheBears 9]

To get married in the US, she needs a visitor visa. If she has it, then you should check the requirements for marriage in your state.

Once you have your marriage certificate, you can file the I-130. It'll be a CR-1 visa.

She goes home to wait for the I-130 to be processed all the way through. She'll have her interview, get the visa, then she can come to the US.

After that, the green card and social security card will arrive at your home after she has been here about a month. Then she can work in the US.

No EAD. No AOS. You'll file for ROC 90 days before her green card expires. Then she'll get the 10 year green card. If she wants to go for citizenship, she's eligible after she has lived in the US with a green card for 3 years.

Good luck!

[besaangel 18]

To get married in the US, she needs a visitor visa. If she has it, then you should check the requirements for marriage in your state.

Once you have your marriage certificate, you can file the I-130. It'll be a CR-1 visa.

She goes home to wait for the I-130 to be processed all the way through. She'll have her interview, get the visa, then she can come to the US.

After that, the green card and social security card will arrive at your home after she has been here about a month. Then she can work in the US.

No EAD. No AOS. You'll file for ROC 90 days before her green card expires. Then she'll get the 10 year green card. If she wants to go for citizenship, she's eligible after she has lived in the US with a green card for 3 years.

Good luck!

ITS CONSIDERED FRAUD TO ENTER THE UNITED STATES AS A VISITOR WITH THE INTENTIONS OF GETTING MARRIED- THIS COULD RESULT IN A LIFETIME BAN... Yes, you can go the CR-1 route if you so please or the K-1 route. I do not encourage anyone to come on a visitor's visa when you already intend to get married.

[TheBears 9]

ITS CONSIDERED FRAUD TO ENTER THE UNITED STATES AS A VISITOR WITH THE INTENTIONS OF GETTING MARRIED- THIS COULD RESULT IN A LIFETIME BAN... Yes, you can go the CR-1 route if you so please or the K-1 route. I do not encourage anyone to come on a visitor's visa when you already intend to get married.

No. It's not.

Fraud would be coming to the US on a visitor's visa with the intent to get married and stay, getting married, and then adjusting status.

That's not what the OP wants and not what I said. The OP wants to get married in the US. That's perfectly legal. Then the spouse would go back to the foreign country to wait out the CR-1 process. Again... perfectly legal.

Edited April 9, 2010 by TheBears