I-130 Applied for some questions.

[mmessina 0]

Situation, My wife is Costa Rican We married there 8 months ago, I have sent in our I-130 app in Nov 2011 and received our I-797c NOA1 in late Nov 2011.

Her travel visa has expired, previously she wanted to stay and continue working as a pharmacist because she wont be able to practice here until a bunch more paper work and red tape is cut through.

Now however we are really going crazy to start our life together, and I was wondering if there is any paperwork we could file parallel to the I-130 so she could wait here in the USA for it to clear?

One more question; I only filed the I-130 and G-325, I guess I need to file the I-485 Application to Register Permanent Residence.

Can I file that at any time now or I have to wait until the I-130 is approved?

Edited March 14, 2012 by mmessina

[Leatherneck 693]

Situation, My wife is Costa Rican We married there 8 months ago, I have sent in our I-130 app in Nov 2011 and received our I-797c NOA1 in late Nov 2011.

Her travel visa has expired, previously she wanted to stay and continue working as a pharmacist because she wont be able to practice here until a bunch more paper work and red tape is cut through.

Now however we are really going crazy to start our life together, and I was wondering if there is any paperwork we could file parallel to the I-130 so she could wait here in the USA for it to clear?

One more question; I only filed the I-130 and G-325, I guess I need to file the I-485 Application to Register Permanent Residence.

Can I file that at any time now or I have to wait until the I-130 is approved?

There is no other petition you can file with the I-130 that will allow your wife to wait in the U.S. while NVC processes your petition. She is outside of the country so she will need to apply for a IR1/CR1 in her country.

Had you filed the I-130 when your wife was in the U.S., then you would have filed a I-485 with the I-130. It would be useless to file a I-485 now.

"Can I file that at any time now or I have to wait until the I-130 is approved?"

Read this thread, especially the first 2 posts.

Edited March 14, 2012 by Leatherneck

[Inky 1,111]

Please read the guides. You do not file an I-485 you are way off on that track.

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

There is no file you can do to make her able to come to the USA. She has to qualify by herself for a visitor visa which will not happen because she is already showing intent for immigration. You will just have to wait out the process.