Benefit of I-130 and I-485 concurrently ?

[bluegoose 0]

Hi,

My US wife and i are set to begin filing in the next week. We are just wondering what benefit filing the I-130 and I-485 concurrently brings if any?

We have the I-130 ready to go and i am eager to get this send off, if we choose to send the I-485 afterwards is it likely to make the process take a lot longer?

Clearly the I-485 requires more work and i am yet to have a medical for my I-693. I arrived on VWP and have 30 days left so with time being an issue should i just get the I-130 sent in?

Thanks for any help in advance!

[milimelo 4,544]

Moving to AOS from tourist, student, visitors visa.

OP - you MUST send all forms together - don't forget the I-864 with supporting documents from your spouse. DO NOT leave the country until you have GC in hand!

[JimVaPhuong 4,863]

Hi,

My US wife and i are set to begin filing in the next week. We are just wondering what benefit filing the I-130 and I-485 concurrently brings if any?

We have the I-130 ready to go and i am eager to get this send off, if we choose to send the I-485 afterwards is it likely to make the process take a lot longer?

Clearly the I-485 requires more work and i am yet to have a medical for my I-693. I arrived on VWP and have 30 days left so with time being an issue should i just get the I-130 sent in?

Thanks for any help in advance!

A pending or approved I-130 does not grant any lawful presence on the alien applicant. Your authorized stay is still going to expire. On the other hand, a pending I-485 does grant the alien applicant a period of authorized stay while they're waiting for the application to be adjudicated.

Also, if you don't concurrently send an I-485 with the I-130 then they'll presume that you're planning on interviewing for an immigrant visa in your home country, and they'll send the petition to the NVC for processing after it's approved. If you subsequently file an I-485 then you'll have to wait for NVC to return the approved petition to USCIS.

Adjusting from a VWP entry shouldn't cause any unnecessary problems unless you happen to live in the area covered by the San Diego USCIS field office. If you do live near San Diego then you should consult with an immigration lawyer before filing, and make sure you get your I-130 and I-485 submitted before your VWP stay expires. If you don't live near San Diego then the only potential glitch is that, in the event your AOS is denied, you can't submit an appeal. You waived the right to appeal any decision by any US immigration officer when you used the VWP. This means you should take a little extra time and make sure you get it right the first time because you won't be able to resubmit if it's denied.

[bluegoose 0]

A pending or approved I-130 does not grant any lawful presence on the alien applicant. Your authorized stay is still going to expire. On the other hand, a pending I-485 does grant the alien applicant a period of authorized stay while they're waiting for the application to be adjudicated.

Also, if you don't concurrently send an I-485 with the I-130 then they'll presume that you're planning on interviewing for an immigrant visa in your home country, and they'll send the petition to the NVC for processing after it's approved. If you subsequently file an I-485 then you'll have to wait for NVC to return the approved petition to USCIS.

Adjusting from a VWP entry shouldn't cause any unnecessary problems unless you happen to live in the area covered by the San Diego USCIS field office. If you do live near San Diego then you should consult with an immigration lawyer before filing, and make sure you get your I-130 and I-485 submitted before your VWP stay expires. If you don't live near San Diego then the only potential glitch is that, in the event your AOS is denied, you can't submit an appeal. You waived the right to appeal any decision by any US immigration officer when you used the VWP. This means you should take a little extra time and make sure you get it right the first time because you won't be able to resubmit if it's denied.

Ok thanks so much for the information. I was clearly mistaken when i thought that having my I-130 pending would mean that i couldnt overstay until a decision was made.

I really looked into this and didnt find anything that made a point of saying this. I've been looking at the guide on here and it simply tells you how to get an I-130 package together or a I-485 together.

Again, thanks so much, you might well of prevented me from overstaying!