Filing I-485 atleast 3 months later than I-130

[sekharan 0]

I have been in the US on a F1 visa for just over a year now; got married to an US Citizen recently in late 2012. We live in California.

My wife wants to file for my naturalization, but since neither of us work, we need a joint sponsor.

My mother-in-law is qualified to be a joint sponsor, but she's away in Singapore on assignment and will be back in 3 months.

We can obtain the affidavit of support from her then.

My questions are:

1. If we file the I-130 and I-485 concurrently right now, can we "elect" to submit the affidavit of support later?

2. In such a situation, what's the chance a RFE will be issued versus the application being rejected for being incomplete/not ready/lack of evidence?

I am afraid of a denial notice instead of a RFE

[Ontarkie 14,234]

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Adjustment of Status (Green Card) from Family Based Visas as the Op is adjusting from F1~~~~

[sekharan 0]

You should look for the requirements for applying for naturalization. You have to have green card first.

My wife is already a US Citizen

[Harpa Timsah 13,258]

You are not applying for Naturalization. You are applying for a Green Card. Naturalization means citizenship and you cannot apply for that now.

You can submit the parts separately, but there is no reason to do so. An I-130 by itself does not give you any legal status or any benefit, and submitting them separately doesn't make the I-485 part go faster. The I-485 is the important thing and that cannot be done without the I-130, either concurrently, or before.

[gstrength 20]

I have been in the US on a F1 visa for just over a year now; got married to an US Citizen recently in late 2012. We live in California.

My wife wants to file for my naturalization, but since neither of us work, we need a joint sponsor.

My mother-in-law is qualified to be a joint sponsor, but she's away in Singapore on assignment and will be back in 3 months.

We can obtain the affidavit of support from her then.

My questions are:

1. If we file the I-130 and I-485 concurrently right now, can we "elect" to submit the affidavit of support later?

2. In such a situation, what's the chance a RFE will be issued versus the application being rejected for being incomplete/not ready/lack of evidence?

I am afraid of a denial notice instead of a RFE

My wife wants to file for my naturalization You cannot file for naturalization if you are not a LPR.

In order for you to become a LPR you need to adjust your status, become a LPR and, after either 3 years if, you are married to the same citizen that sponsored you or after five years as a LPR, you can apply for naturalization.

1. No, you cannot elect. the form I-864 is an integral part of the I-485 process, plus, you must file the I-130 and I-485 simultaneously, also forms I-765, I-131.

2. Your application will be rejected as incomplete.

What you can do is: Fill out the I-864 and email it to your mother in law, have her print it, signed and, have her mail it back to you. Meantime, you can order her tax transcripts that you are going to need with the form, by the time the form makes it back to the states, you should have the transcripts ready to mail in with the form.

You could file the I-130 first but, in order for USCIS to process a later I-485 you must submit the I-797 of approval (of the I-130) and, that takes months (about 5)which in turn, adds more time to the process.

[Ontarkie 14,234]

~~~~Duplicate post merged~~~~

[blankmedia 41]

My wife wants to file for my naturalization You cannot file for naturalization if you are not a LPR.

In order for you to become a LPR you need to adjust your status, become a LPR and, after either 3 years if, you are married to the same citizen that sponsored you or after five years as a LPR, you can apply for naturalization.

1. No, you cannot elect. the form I-864 is an integral part of the I-485 process, plus, you must file the I-130 and I-485 simultaneously, also forms I-765, I-131.

2. Your application will be rejected as incomplete.

What you can do is: Fill out the I-864 and email it to your mother in law, have her print it, signed and, have her mail it back to you. Meantime, you can order her tax transcripts that you are going to need with the form, by the time the form makes it back to the states, you should have the transcripts ready to mail in with the form.

You could file the I-130 first but, in order for USCIS to process a later I-485 you must submit the I-797 of approval (of the I-130) and, that takes months (about 5)which in turn, adds more time to the process.

The I-485 can actually be submitted anytime after the I-130 has been accepted, you just need to attach a copy of the I-797 NOA that is has been accepted. You don't need to wait for approval. The only reason to do so would be to get some of the paperwork started seeing as you will be waiting at least 3 months for the I-864. Our stand alone I-130 was approved in less than 3 months.