Advice on Filing my I-130/I-485

[Zachariadis 0]

Let me give you all some background info since I haven't filled out my timeline yet:

My boyfriend came over from his country (Greece) on the Visa Waiver Program to visit me. About half way through his 90 days, he proposed and we decided we wanted to get married. We got married on November 18, 2011. We decided we would file an I-130 (Petition of Alien Relative) congruentlly with I-485 because that seems to be the most common way for this to get done. The I-130 is all filled out and ready to go but then I realized I had made a huge mistake with the I-485. I thought that I just had to send in the I-485 form and that USCIS would send a request for a medical examination (I-693) and affidavit of support (don't remember the form # right now). ALSO, I realized I need a copy of his birth certificate which we don't have but can have it faxed within a few days. His Visa Waiver Program expires on December 13. I was hoping to send everything out today, December 9, through express mail so it would be in the USCIS office before his Visa Waiver Program expired. But, obiously I made these mistakes and cannot have it sent by the time his Visa Waiver Program Expires.

So, I need advice on what is best to do because we're both sort of freaking out. I really don't want to get in any trouble for him overstaying. Can I file the I-130 without the I-485 and then send the I-485 when I can get the supporting documents in line? Should I send the I-130 and I-485 together but missing some documents and hope they ask me for them? Thank you in advance for any help!

[Inky 1,111]

You should be filing it all together not separately. You should not send it without the medical exam.

[ceadsearc 516]

You need the medical exam done first. Get that done immediately. You need to send everything together. The NOA for the I-485 is what gives him a new period of authorized stay, the I-130 does not. Where do you live? In most areas adjusting status from VWP with an overstay isn't a problem but in some areas (San Diego) it is.

[Zachariadis 0]

Thanks for your insight! We live in South Florida (West Palm Beach). Seems like the best thing to do now is just lay low until we file and receive the NOA. Hope I'm doing the right thing!

[Zachariadis 0]

Also, does anyone have advice on the affidavit of support? My husband (intending immigrant) lives in the house with my parents. My mother will be a sponsor for him since I do not make enough money. Do I fill out the I-864 or I-864a? So confusing!

[ceadsearc 516]

Also, does anyone have advice on the affidavit of support? My husband (intending immigrant) lives in the house with my parents. My mother will be a sponsor for him since I do not make enough money. Do I fill out the I-864 or I-864a? So confusing!

As the spouse you fill out the 864 as you are the primary sponsor regardless of income. Your mother, if she lives in the same household, fills out a 864a.