Concurrent Filing

[Romancita 3]

Hi, guys!

I would like to file concurrently. My question is can I file I-130 first, by itself, and wait for its approval, and then file I-485, I-765, I-131, and I-693 and I-864?

Thanks!

[VanessaTony 3,567]

I would like to file concurrently. My question is can I file I-130 first, by itself, and wait for its approval, and then file I-485, I-765, I-131, and I-693 and I-864?

What are you filing for? Your profile says IR-1/CR-1, is this the case or are your AOSing from a tourist/student/work etc visa?

If you are applying to AOS from a tourist/student/work etc visa it would be foolish to do wait as your spouse is in the country and it will add MONTHS to the process. They are also accruing out of status days (if their I-94 is expired).

[Brother Hesekiel 2,236]

Yes, you can. But you may want to look up the word "concurrently," just to make sure you do understand it.

[Romancita 3]

Hi!

Thank you for your reply. I am applying for AOS from a J1. So, you think I can apply for I-130 alone first.

What are you filing for? Your profile says IR-1/CR-1, is this the case or are your AOSing from a tourist/student/work etc visa?

If you are applying to AOS from a tourist/student/work etc visa it would be foolish to do wait as your spouse is in the country and it will add MONTHS to the process. They are also accruing out of status days (if their I-94 is expired).

Thanks! You mean, look it up on the USCIS web site, right?

[JimVaPhuong 4,863]

Hi!

Thank you for your reply. I am applying for AOS from a J1. So, you think I can apply for I-130 alone first.

First, does your J1 have a home residency requirement?

Yes, you can file the I-130 first, and later file the I-485. What the others and myself are wondering is why you would want to do this. Vanessa pointed out that filing the I-130 does not affect the status of the intending immigrant. It only makes them eligible to apply for a visa or apply for adjustment of status. A pending I-485, on the other hand, would provide a period of authorized stay (i.e., lawful presence) while the petition is being adjudicated. There is no advantage that I can think of for not filing concurrently, unless you intend to go back to your home country and apply for a visa.

[VanessaTony 3,567]

** 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 J1 visa and the prior forum is for K1, K2, K3 & K4 **

[VanessaTony 3,567]

First, does your J1 have a home residency requirement?

Yes, you can file the I-130 first, and later file the I-485. What the others and myself are wondering is why you would want to do this. Vanessa pointed out that filing the I-130 does not affect the status of the intending immigrant. It only makes them eligible to apply for a visa or apply for adjustment of status. A pending I-485, on the other hand, would provide a period of authorized stay (i.e., lawful presence) while the petition is being adjudicated. There is no advantage that I can think of for not filing concurrently, unless you intend to go back to your home country and apply for a visa.

I think the OP is hoping to not have to pay the entire fee just yet.

[JimVaPhuong 4,863]

I think the OP is hoping to not have to pay the entire fee just yet.

Yeah, that occurred to me, but there would still be no advantage to not waiting and filing concurrently. Filing the I-130 now isn't going to grant any temporary lawful presence, or make the AOS go any faster later on. I'm just not understanding the benefit to filing separately.

[VanessaTony 3,567]

Yeah, that occurred to me, but there would still be no advantage to not waiting and filing concurrently. Filing the I-130 now isn't going to grant any temporary lawful presence, or make the AOS go any faster later on. I'm just not understanding the benefit to filing separately.

I'm completely with you. I don't personally "get it"... needing to file quick would explain the sudden urgency to file the I-130 and being unable to wait until the full AOS concurrent fee is available... but if it's urgent enough to file now and not wait, that implies that her visa may be coming to an end thus making out-of-status an issue and meaning that AOS concurrent is NEEDED if they're working to that deadline (i.e. in order to protect her status).

If there is no deadline (her visa isnt' ending) then waiting till funds for a concurrent file are available is the best option... that is of course unless the OP wants to just file the I-130 and has no interest in AOS in the US from her current status and plans to file a Cr-1.. making this a useless discussion

[Romancita 3]

I'm completely with you. I don't personally "get it"... needing to file quick would explain the sudden urgency to file the I-130 and being unable to wait until the full AOS concurrent fee is available... but if it's urgent enough to file now and not wait, that implies that her visa may be coming to an end thus making out-of-status an issue and meaning that AOS concurrent is NEEDED if they're working to that deadline (i.e. in order to protect her status).

If there is no deadline (her visa isnt' ending) then waiting till funds for a concurrent file are available is the best option... that is of course unless the OP wants to just file the I-130 and has no interest in AOS in the US from her current status and plans to file a Cr-1.. making this a useless discussion

Hi, guys!

Thank you for your replies! I love this forum because it is so active and you really get the info you need. My case is not that complicated. I came here with a J1 which already expired in 2009 but I am able to be here legally with a DS-2019. I got married last year and I already applied for a waiver. There is a certain urgency in getting my situation adjusted, as I want to keep on working after my contract ends next year in June.

Reading your answers, a couple of questions popped into my mind:

1. What do you mean by "full AOS concurrent fee"?

2. What is the difference between AOS and CR-1?

Thanks!

1.

[JimVaPhuong 4,863]

Hi, guys!

Thank you for your replies! I love this forum because it is so active and you really get the info you need. My case is not that complicated. I came here with a J1 which already expired in 2009 but I am able to be here legally with a DS-2019. I got married last year and I already applied for a waiver. There is a certain urgency in getting my situation adjusted, as I want to keep on working after my contract ends next year in June.

Reading your answers, a couple of questions popped into my mind:

1. What do you mean by "full AOS concurrent fee"?

2. What is the difference between AOS and CR-1?

Thanks!

1.

Ok, I think I get it. You want to get a head start by filing the I-130 now, and then file the I-485 after your home residency waiver is (hopefully) approved.

An approved I-130 will not permit you to continue working. It will not extend your lawful presence in any way. As I said before, an approved I-130 will only mean you are eligible to apply for a visa at a US consulate, or apply for a green card in the US (presuming your HRR waiver is approved). Having an approved I-130 will also not expedite the approval of your I-485 once your waiver is approved.

I still don't see any advantage to filing the I-130 first.

1. "full AOS concurrent fee" means the combined fees for the I-130 and the I-485, which is what you would need to pay if you file concurrently. If you file the two forms separately then you also pay the filing fees separately.

2. AOS, in this context, means "Adjustment Of Status". It's when someone who is in the United States as a non-immigrant files an I-485 to "adjust their status", in this case to become an immigrant and receive a green card. A CR1 is a visa for a spouse of a US citizen. You apply for a CR1 visa at a US consulate abroad. An I-130, filed by a US citizen and approved by USCIS, makes you eligible for either a CR1 visa (if you're outside the US) or AOS (if you're inside the US).

[Romancita 3]

Ok, I think I get it. You want to get a head start by filing the I-130 now, and then file the I-485 after your home residency waiver is (hopefully) approved.

An approved I-130 will not permit you to continue working. It will not extend your lawful presence in any way. As I said before, an approved I-130 will only mean you are eligible to apply for a visa at a US consulate, or apply for a green card in the US (presuming your HRR waiver is approved). Having an approved I-130 will also not expedite the approval of your I-485 once your waiver is approved.

I still don't see any advantage to filing the I-130 first.

1. "full AOS concurrent fee" means the combined fees for the I-130 and the I-485, which is what you would need to pay if you file concurrently. If you file the two forms separately then you also pay the filing fees separately.

2. AOS, in this context, means "Adjustment Of Status". It's when someone who is in the United States as a non-immigrant files an I-485 to "adjust their status", in this case to become an immigrant and receive a green card. A CR1 is a visa for a spouse of a US citizen. You apply for a CR1 visa at a US consulate abroad. An I-130, filed by a US citizen and approved by USCIS, makes you eligible for either a CR1 visa (if you're outside the US) or AOS (if you're inside the US).

Thank you so much for your reply! I am in the US. It is clear now which direction to take: file concurrently all forms, starting with I-130.

[juliava 80]

Hi, I saw that you asked me on a differet topic if I needed to apply for a waiver. The answer is no, I didn't have to, as I was not subject the 2 years home residency requirement. If you do some research on this section, you will find a couple who recently applied for that kind of waiver successfully. I think the user's name is "john+noemi" if I remember that correctly.

[trillium13 84]

Thank you so much for your reply! I am in the US. It is clear now which direction to take: file concurrently all forms, starting with I-130.

You don't "start" with the I-130. You file them all together if "concurrently" is what you truly mean.

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

Edited December 4, 2010 by trillium13

[Romancita 3]

You don't "start" with the I-130. You file them all together if "concurrently" is what you truly mean.

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

Hi!

I did not feel like listing all the I's for concurrent filling that is what I meant by "starting with I-130".