I-130 and I-485 after visa expired

[james_cornell 0]

So I met my wife about a week after she entered the country on a tourist visa (she's from Russia if that makes any difference). About a month later we began living together and have been so for the past 5 months. We get married tomorrow and her visa expires at the end of the week. It could be anywhere from 2 to 6 weeks until we have enough money to file the I-130 and I-485 to apply for her green card.

I have two questions: First, I am assuming from everything I've read that because she entered legally we should be okay, despite the expired visa . Second, the I-130 is significantly cheaper and we could file for that in 2 weeks or maybe immediately, and from what I understand, this, if the forms were to be filed separately, would be the first, so would it be better for our situation if we filed that I-130 as soon as possible or would it make little difference?

Thanks,

- James

[newacct 688]

First of all, when the visa expires is irrelevant; it's when the status (I-94) expires that matters.

You're right. There should be no problem filing for her even if she overstays her status.

I see no point in filing for the I-130 and I-485 separately. Filing the I-130 by itself doesn't give her legal status or any other benefits.

Edited May 29, 2013 by newacct

[Newbie608 103]

As the above member stated, filing the I-130 alone doesn't give her any legal status. Eventhough she's married to a US citizen, she can still get picked up and possibly deportation. I would suggest file adjustment of status ASAP or have her keep a low profile until the AOS package is received by USCIS..

All the best

[james_cornell 0]

Just to be clear, I file adjustment of status by filing the I-130 and the I-485 right?

[Newbie608 103]

Just to be clear, I file adjustment of status by filing the I-130 and the I-485 right?

Yes. Include I-765 and I-31 if she'll need an employment authorization document and travel document respectively.

[james_cornell 0]

First off, I am assuming by I-31 you are referring to the I-131 right?

Second, are these forms neccesary? Wouldn't an approved I-130 and I-485 authorize her to work?

Thanks

[Harpa Timsah 13,258]

First off, I am assuming by I-31 you are referring to the I-131 right?

Second, are these forms neccesary? Wouldn't an approved I-130 and I-485 authorize her to work?

Thanks

Those forms are to grant work and travel permission before the GC is issued. The GC can take a year or more, but usually it's sooner. Those forms are free so there is no downside.

Have you found the VJ guide?

[james_cornell 0]

I don't know what the VJ guide is.

[EM_Vandaveer 2,417]

Harpa means this:

http://www.visajourney.com/content/i130guide2

[GreenIsdanewBlack 4]

I don't know what the VJ guide is.

In addition to the VJ guide, check out the website in my signature. It's really useful and should explain in detail what each for does, and provide a step-by-step guide that'll help with concurrent filing i.e. filing I-130 and 1-485 together.