When is best to apply for I-130 and I-485?

[Mango & Peach 0]

Hi,

Just got married last 6th April in court and yesterday in church. I am the US citizen and my husband is on an B2 visa and his I-94 is expiring in 2 weeks time, my questions are:

1) When is the best time to file the I-130 and I-485?

2) My husband has kids which I would also like to petition but are still in their home country. Is it best to file an I-130 all in one time?

3) We're thinking of seeking the help of a paralegal instead to save on some fees which we can use for petitioning his childre, is this a good decision?

Thanks and God bless...

[pushbrk 12,882]

Hi,

Just got married last 6th April in court and yesterday in church. I am the US citizen and my husband is on an B2 visa and his I-94 is expiring in 2 weeks time, my questions are:

1) When is the best time to file the I-130 and I-485?

2) My husband has kids which I would also like to petition but are still in their home country. Is it best to file an I-130 all in one time?

3) We're thinking of seeking the help of a paralegal instead to save on some fees which we can use for petitioning his childre, is this a good decision?

Thanks and God bless...

If his plan is to stay and adjust status and he told no lies when he entered the USA, then NOW is the time to file the I-130 and I-485 for the husband. You can file I-130 petitions for each child living abroad and they can follow the CR2 visa process.

Caution. Adjusting status means your husband must remain in the USA until he has a green card or advance parole. See the applicable guide here. Only children who were not yet 18 on your marriage date can immigrate as step children. Don't file I-130 petitions for children who were over 18 when you married their parent.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Edited April 17, 2012 by Ryan H

[Mango & Peach 0]

If his plan is to stay and adjust status and he told no lies when he entered the USA, then NOW is the time to file the I-130 and I-485 for the husband. You can file I-130 petitions for each child living abroad and they can follow the CR2 visa process.

Caution. Adjusting status means your husband must remain in the USA until he has a green card or advance parole. See the applicable guide here. Only children who were not yet 18 on your marriage date can immigrate as step children. Don't file I-130 petitions for children who were over 18 when you married their parent.

Thanks a lot for a fast reply.

What will be the consequences if we file his petition after his I-94 expires? Budget wise, if we will petition all his kids, it will require pretty sum of money.

What happens if the USCIS receives the docs passed his I-94 validity? Can we also file for his kids after a month of filing his?

[pushbrk 12,882]

Thanks a lot for a fast reply.

What will be the consequences if we file his petition after his I-94 expires? Budget wise, if we will petition all his kids, it will require pretty sum of money.

What happens if the USCIS receives the docs passed his I-94 validity? Can we also file for his kids after a month of filing his?

As long as he does not leave the USA without Advance Parole or a green card, the overstay will simply be forgiven. You can file the I-130's for the kids under 18 on your marriage date at any time but it will be helpful to file for all the children together. Their visa processes will take 8 to 10 months.

[Mango & Peach 0]

As long as he does not leave the USA without Advance Parole or a green card, the overstay will simply be forgiven. You can file the I-130's for the kids under 18 on your marriage date at any time but it will be helpful to file for all the children together. Their visa processes will take 8 to 10 months.

Thanks for the reply. God bless!