Do I need to wait for visa # for file i485?

[smileysjs 3]

My husband's i130 has been approved and has a priority date of 11/23/2009. Can I go ahead and file i485 and i864? Or do we need to wait for the visa #? I'm a citizen of US btw.

[payxibka 10,047]

My husband's i130 has been approved and has a priority date of 11/23/2009. Can I go ahead and file i485 and i864? Or do we need to wait for the visa #? I'm a citizen of US btw.

Is your husband in the USA currently?

[smileysjs 3]

Is your husband in the USA currently?

Yes he is. Will he have to eventually leave the US and go to Mexico for his interview, or is the interview done in the US?

[Darnell 8,479]

i must assume you are wanting to file AOS, if you are writing here about the I-130 and the I-485.

Even with that said, what was your expectation when you initially filed the I-130? Did you fill it out so that the interview would be held in CJ?

IF NOT, well, it's time to submit the I-485. IMO, you've waited a bit too long, as well.

IF YES, then you'll need to contact USCIS, tell them you are filing AOS in the USA, stop the casefile from going into NVC for NVC processing.

If you are doing an Adjustment of Status Case, and NOT (repeat for emphasis) NOT a VISA case, then

review these instrutions:

http://www.visajourney.com/content/i130guide2

and note that you have a coupla 'disconnects' -

1. you didn't file the I-130 and I-485 concurrently

2. you need to file the I-485 now, to a different address.

Good Luck !

Edited August 1, 2010 by Darnell

[smileysjs 3]

I submitted the i-130 around the holidays and we just didn't have the money for the i485 at the time. I had a woman helping me fill out the papers as she's helped tons of others. She left the country in Jan or Feb. She told me that we might end up having to stay in Mexico for a few months while waiting on the interview. Seriously, doing something like that ( going to Mexico for a few months) was really hard on us to hear. That would mean we'd have to find a place there to stay/food/gas/ etc plus pay for our home/utilities/car payment here in the US.

I have the i-485 and some of the questions like asking for alien registration # we don't have, so then I wondered if I was supposed to wait for visa #.

[smileysjs 3]

Another thing..it asks for his occupation. Do I still list one if he's going to have sponsor?

[Darnell 8,479]

I have the i-485 and some of the questions like asking for alien registration # we don't have, so then I wondered if I was supposed to wait for visa #.

no, don't wait. Is no 'visa # ' for Adjustment of Status Cases. Put in 'NONE' in any blank that asks for it.

Another thing..it asks for his occupation. Do I still list one if he's going to have sponsor?

Yes.

[smileysjs 3]

Thank you! I appreciate you replying to my questions.

[payxibka 10,047]

Thank you! I appreciate you replying to my questions.

What is his current status in the USA?

[smileysjs 3]

one last one: It asks for USCIS status?

[JimVaPhuong 4,863]

Did your husband enter the US legally?

If he entered illegally, how long has he been in the US?

The answers are relevant to whether he'll be able to adjust status while remaining in the US, or have to return to Mexico for an interview.

[smileysjs 3]

What is his current status in the USA?

He's an immigrant that entered illegally about 14 years ago. I married him 7 years ago. I know I know..we waited way too long. So far the i130 has been approved. That's all we've done.

Edited August 1, 2010 by smileysjs

[payxibka 10,047]

He's an immigrant that entered illegally about 14 years ago. I married him 7 years ago. I know I know..we waited way too long. So far the i130 has been approved. That's all we've done.

So are you saying he entered without inspection (EWI)? If so, you have complications....

[smileysjs 3]

So are you saying he entered without inspection (EWI)? If so, you have complications....

Yes without inspection.

[payxibka 10,047]

Yes without inspection.

OK... do NOT file the I-485 as he is most likely not eligible to adjust status here in the USA (because he has no status). He probably will have to depart the USA and interview in Mexico for a immigrant visa. You will also need to deal with his illegal presence here in the USA and you may wish to you seek competent legal help. This is by far NOT a "cookie cutter" situation.