Do I have to file i-130 and i-485 concurrently?

[kusjes 0]

Hi!

My fiance and I are getting his AOS packet together, and he is here in the United States, he entered under the VWP from the Netherlands. I was just wondering if I have to file form i-130 concurrently with i-485 no matter what? Do I have to file it even though he is in the country?

Any help is sosososo appreciated! Thanks!

-Kayleigh

[ceadsearc 516]

I'm a bit confused - your profile says you are filing for a K-1 visa and that's the forum you posted in, but your post makes it sound like you are trying to adjust status from VWP? Which is the case?

[Inky 1,111]

Follow the guide.

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

You need to file I-130 and I-485 if you are adjusting from inside the USA.

[kusjes 0]

I'm a bit confused - your profile says you are filing for a K-1 visa and that's the forum you posted in, but your post makes it sound like you are trying to adjust status from VWP? Which is the case?

We were originally filing for the K visa, but we decided not to, and to just adjust from the VWP. Haha, I just haven't updated yet, I'm sorry.

Follow the guide.

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

You need to file I-130 and I-485 if you are adjusting from inside the USA.

Thank you thank you thank you!

[ceadsearc 516]

Got it. In that case, you should file the two concurrently. You could file the I-130 and wait for approval and then file the I-485 but it would be a huge waste of time and meanwhile, your spouse would be out of status.

[olivier 0]

We filed both I-130 and I-485 together.Our interview date is Oct 24th.I'm also adjusting from vwp, but we have been married 23 years.Are you married or just engaged ?

[bigdog 377]

Good Luck.

[VanessaTony 3,567]

We were originally filing for the K visa, but we decided not to, and to just adjust from the VWP. Haha, I just haven't updated yet, I'm sorry.

Thank you thank you thank you!

So you decided to forgo the legal route and instead had him enter the country with immigrant intent? I feel I should mention for those reading that this is immigration fraud and is NOT recommended.

[ceadsearc 516]

So you decided to forgo the legal route and instead had him enter the country with immigrant intent? I feel I should mention for those reading that this is immigration fraud and is NOT recommended.

If that's the case she definitely should not be adjusting status. I was giving her the benefit of the doubt and assuming he came here without intent, they got engaged, and while he was still here they looked into the K-1 but realized since it was NOT planned they could adjust from VWP. But who knows? Yes, to anyone reading this, planning to use VWP to adjust immigration fraud.