I-130 & I-485

[foxxiroxxi 2]

Hello,

I am about to file my I-485 and i was a little confused about the I-130.

I have been in the states for the past 8 years (came in 02 on F-1) and been out of status for 2 years now. I've been married for 2 and half years and just finally filing.

I'm filing the I-485, g-325a, I-864, I-765 and I-131. Do i also need to be filing the I-130? and if i do, do i pay the $355 fee for the I-130 on top of the $1010 fee for the I-485 package?

also, another question is does my advanced parole get approved before my I-485 gets approved? I need to attend my brothers wedding overseas in about 3 months and would be devastated if i could not leave the country due to my status.

thank you in advance

[payxibka 10,045]

Hello,

I am about to file my I-485 and i was a little confused about the I-130.

I have been in the states for the past 8 years (came in 02 on F-1) and been out of status for 2 years now. I've been married for 2 and half years and just finally filing.

I'm filing the I-485, g-325a, I-864, I-765 and I-131. Do i also need to be filing the I-130? and if i do, do i pay the $355 fee for the I-130 on top of the $1010 fee for the I-485 package?

also, another question is does my advanced parole get approved before my I-485 gets approved? I need to attend my brothers wedding overseas in about 3 months and would be devastated if i could not leave the country due to my status.

thank you in advance

I-130 must be filed with the I-485.... I-130 fee is also paid.

The I-131 will not help you travel.... the moment you leave the USA without your status adjusted, you will incur a re-entry ban due to your overstay and the I-131 does not prevent this. So if you leave before the green card you will not be coming back anytime soon

[Kittyfang 6]

Hello,

I am about to file my I-485 and i was a little confused about the I-130.

I have been in the states for the past 8 years (came in 02 on F-1) and been out of status for 2 years now. I've been married for 2 and half years and just finally filing.

I'm filing the I-485, g-325a, I-864, I-765 and I-131. Do i also need to be filing the I-130? and if i do, do i pay the $355 fee for the I-130 on top of the $1010 fee for the I-485 package?

also, another question is does my advanced parole get approved before my I-485 gets approved? I need to attend my brothers wedding overseas in about 3 months and would be devastated if i could not leave the country due to my status.

thank you in advance

I think you do need the I-130. However, if you have an Overstay, Do Not File I-131. Leaving the country, even with I-131, could incur a 10 year ban, because of the Overstay.

[foxxiroxxi 2]

so my best bet is to just mail everything in and hope that the AOS gets approved before september?

and im not understanding what you mean by saying I-130 is also paid. so i need to send in a money order of $1365?

and kitty, if i did get my AOS approved and did not file the I-131 how do i travel? My impression was that any overstays were forgiven as long as i did not do anything unlawful.

has anybody with an overstay applied the I-131 along with their I-485?

and another question, do i write up a g-1145 so i can get notifications of my application status?

thank you.

Edited June 3, 2010 by foxxiroxxi

[payxibka 10,045]

Read the I-131 instructions.... it says right in there about the overstay situation.... Overstays are forgiven upon adjustment of status... not upon submission of the I-485

You cannot travel abroad and return until the green card... you are stuck here until such time

Edited June 3, 2010 by payxibka

[Kittyfang 6]

so my best bet is to just mail everything in and hope that the AOS gets approved before september?

and kitty, if i did get my AOS approved and did not file the I-131 how do i travel? My impression was that any overstays were forgiven as long as i did not do anything unlawful.

has anybody with an overstay applied the I-131 along with their I-485?

and another question, do i write up a g-1145 so i can get notifications of my application status?

thank you.

Once the AoS is approved, you get your GC and the Overstay is forgiven. So, yes, if you got approved, you're fine to travel. However, if the AoS is still pending, traveling out of the country may incur a ban. Also, and someone may correct me if I'm wrong, traveling outside of the country cancels your AoS. So, while it's being processed, it's better to sit tight and wait it out.

[foxxiroxxi 2]

Read the I-131 instructions.... it says right in there about the overstay situation.... Overstays are forgiven upon adjustment of status... not upon submission of the I-485

You cannot travel abroad and return until the green card... you are stuck here until such time

I understand that part.

kitty said that i should not file a I-131 because i have an overstay though? so now im confused?

do i send in my packet with out the I-131, wait for my AOS to be approved and then apply for the I-131? or just go ahead and send in my I-131 along with my I-485 package would be my question.

[Kittyfang 6]

I understand that part.

kitty said that i should not file a I-131 because i have an overstay though? so now im confused?

do i send in my packet with out the I-131, wait for my AOS to be approved and then apply for the I-131? or just go ahead and send in my I-131 along with my I-485 package would be my question.

If you have overstayed and leave the country, you may incur a ban. The I-131 cannot save you from that. Once/if an AoS is approved, you can then travel at your leisure because the Overstay is then forgiven, no need for I-131 then. I-131 is only for travels while the AoS is pending.

[foxxiroxxi 2]

If you have overstayed and leave the country, you may incur a ban. The I-131 cannot save you from that. Once/if an AoS is approved, you can then travel at your leisure because the Overstay is then forgiven, no need for I-131 then. I-131 is only for travels while the AoS is pending.

AH! i get it now.

thank you for explaining that kitty. I thought we needed a I-131 even after the AOS was approved.

thanks again

[Kittyfang 6]

AH! i get it now.

thank you for explaining that kitty. I thought we needed a I-131 even after the AOS was approved.

thanks again

It's my pleasure. Hope you get a successful interview in time for the wedding!

[VanessaTony 3,567]

You must file the I-130 and pay the associated fee.

The I-131 is only for use while the AOS is pending. Once approved, the GC is what's needed. As you have an overstay you SHOULD NOT file the I-131 because if it IS approved, you will just confuse yourself about whether you can use it because you cannot. So it's just a waste of time to file for it.

Please follow this guide: http://www.visajourney.com/content/i130guide2

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a F1 visa and the prior forum is for K1, K2, K3 & K4**

Edited June 3, 2010 by Vanessa&Tony

[payxibka 10,045]

I understand that part.

kitty said that i should not file a I-131 because i have an overstay though? so now im confused?

do i send in my packet with out the I-131, wait for my AOS to be approved and then apply for the I-131? or just go ahead and send in my I-131 along with my I-485 package would be my question.

You can file it won't hurt you, but it won't help you so that is why it is said not to file it. Simply save yourself the added postage

[indian guy 13]

let me explain.. I 130 is the main form to start with. once I 130 approved then only I 485 will be adjucated. Therefore I 130 can be filed first. Alien can file I 130 and And I 485 concurrently but there will be no action on I 485 if I130 is not approvable. USCIS can approve both form sametime too ( if Officer thinks that Marriage met the prima facie eligiblity). All other form , G 325 geo form, I 864 Form are filed together with I 485, These forms are support forms that established who you are and how you will support and meet the poverty guidelines.

I 131 is advance parole just to travel outside once you are under adjustment. Even if you have advance parole granted you can be denied entry if , you overstayed or violate immigration law.

I 765 is for work permit and only be granted if you have filed I 485 and accepted by USCIS. accepted does not means it was granted, it meands you have file and met the filing requirement including fees.