Filing of I485 and the entering the US

[ghdtpdna 0]

Hi All,

I am currently looking to file I130 F2A + I485 concurrently.

Due to some personal circumstances, my wife cannot come to the US until 8/8.

I want to file the forms on 8/1 but the requirement is that she be here when it's filed.

Could her entering the US, (with a valid working visa), work for filing the forms?

Thank you very much and I appreciate all your help!

[Ryan H 3,834]

Concurrent filing of an I-130 and I-485 is only possible if you are a US Citizen. Even though F2A priority dates will become current, a visa is not considered available until an I-130 has been approved.

[Harpa Timsah 13,258]

You cannot do that, for multiple reasons. Concurrent filing is only available to spouses of USCs, and she cannot use a non-immigrant visa with the intent to immigrate. And you certainly can't file that before she is even here. Any overstay will make her ineligible to adjust.

Edited July 17, 2013 by Harpa Timsah

[ghdtpdna 0]

Thanks for all the replies.

1. She is coming in with a dual-intent Visa (OPT).

2.May be I did not use the term "concurrent" correctly. But from talking with lawyers and other information on this form, you can file i485 if the applicant is legally in the US.

My question is could I send in the form and form her to come in a few days later.

Thank you.

[kzielu 1,153]

Thanks for all the replies.

1. She is coming in with a dual-intent Visa (OPT).

2.May be I did not use the term "concurrent" correctly. But from talking with lawyers and other information on this form, you can file i485 if the applicant is legally in the US.

My question is could I send in the form and form her to come in a few days later.

Thank you.

You can file, but all that's going to happen is it's going to get denied and you're going to loose filing fee. She needs to wait for her priority date to be current (about 2.5 years from I-130 filing / acceptance date) and remain in status to be eligible for adjustment of status. You really need to change your lawyer...

[discoverusa 286]

Hi All,

I am currently looking to file I130 F2A + I485 concurrently.

Due to some personal circumstances, my wife cannot come to the US until 8/8.

I want to file the forms on 8/1 but the requirement is that she be here when it's filed.

Could her entering the US, (with a valid working visa), work for filing the forms?

Thank you very much and I appreciate all your help!

Don't listen to people that tell you can not file those forms concurrently. As os August 2013 visa number will be immediately avialiable even if you are LPR. Read my question to lawyers on avvo.com below.

http://www.avvo.com/legal-answers/visa-bulletin-shows-visa-availability-for-august-2-1329604.html

As for filing on 08/01/2013 I am not sure so I won't give you an advice. She has to sign the forms so you would have to send them to her for signature and get them back in time for 08/01. You may want to ask on avvo.com what to do in this specific circumstance and if she needs to be here the exact time the forms are mailed. I assume that by the time USCIS opens your file she will already be here.

Good luck to you and your wife.

[ghdtpdna 0]

Don't listen to people that tell you can not file those forms concurrently. As os August 2013 visa number will be immediately avialiable even if you are LPR. Read my question to lawyers on avvo.com below.

http://www.avvo.com/legal-answers/visa-bulletin-shows-visa-availability-for-august-2-1329604.html

As for filing on 08/01/2013 I am not sure so I won't give you an advice. She has to sign the forms so you would have to send them to her for signature and get them back in time for 08/01. You may want to ask on avvo.com what to do in this specific circumstance and if she needs to be here the exact time the forms are mailed. I assume that by the time USCIS opens your file she will already be here.

Good luck to you and your wife.

Thank you very much for your advice, this is what I will exactly do.

[discoverusa 286]

Thank you very much for your advice, this is what I will exactly do.

I researched this topic because my husband filed for me a stand alone I-130 when he was a LPR. Now I started to read more because my friend who is LPR (not yet eligible to file for citizenship) would like to sponsor his fiancee. Based on new information that will be possible now. She is currently here on valid tourist visa and many options were not available to them until now. This is BIG opportunity for many people and they have to act fast as the backlog is likely to occur.

However, check with attorney or do more research if she (your wife) has to be physically present in USA in the time of filing. After all it is only about a week or so difference.

[aaron2020 11,651]

So much wrong information.

First, concurrent filing of the I-130 and I-485 IS NOT JUST FOR US CITIZENS. It is perfectly legal to file both when the PD is current in a family based preference category. As of August 1 when the PD for the F2a category is current for ALL beneficiaries, it's perfectly legal to file both the I-130 and I-485.

Second, OP - you cannot file the I-485 when your wife is outside the US. The beneficiary must be in the US before you can file the I-485. If you file before she is in the US (even 1 day before), the case would be denied and you will lose the fee and wasted time. Furthermore, you will need her I-94 to file. You cannot provide the I-94 until she makes it through customs.

Edited July 17, 2013 by aaron2020

[discoverusa 286]

So much wrong information.

First, concurrent filing of the I-130 and I-485 IS NOT JUST FOR US CITIZENS. It is perfectly legal to file both when the PD is current in a family based preference category. As of August 1 when the PD for the F2a category is current for ALL beneficiaries, it's perfectly legal to file both the I-130 and I-485.

Second, OP - you cannot file the I-485 when your wife is outside the US. The beneficiary must be in the US before you can file the I-485. If you file before she is in the US (even 1 day before), the case would be denied and you will lose the fee and wasted time. Furthermore, you will need her I-94 to file. You cannot provide the I-94 until she makes it through customs.

So far this is the most informative and valid reply.

[ghdtpdna 0]

So much wrong information.

First, concurrent filing of the I-130 and I-485 IS NOT JUST FOR US CITIZENS. It is perfectly legal to file both when the PD is current in a family based preference category. As of August 1 when the PD for the F2a category is current for ALL beneficiaries, it's perfectly legal to file both the I-130 and I-485.

Second, OP - you cannot file the I-485 when your wife is outside the US. The beneficiary must be in the US before you can file the I-485. If you file before she is in the US (even 1 day before), the case would be denied and you will lose the fee and wasted time. Furthermore, you will need her I-94 to file. You cannot provide the I-94 until she makes it through customs.

Thank you very much! This is what I exactly wanted to hear.

[newacct 688]

1. She is coming in with a dual-intent Visa (OPT).

This is not right. OPT is F1 status. F1 is not dual-intent. If she enters on an F visa, she cannot have intent to immigrate while here.

If she were instead H1b, that would be dual-intent.