I-130/I-485 Question

[OkieGuitarist 0]

Hi, All.

I am married to a Slovak citizen (we married there two years ago, and she has stayed in Slovakia because she wanted her daughter to finish school before she (my wife) moves here - the daughter is going to stay in Slovakia).

I am getting ready to submit the I-130 for her, but since my wife is still in Slovakia, am I correct in thinking that I will NOT be able to file a I-485 for her concurrently with the I-130? I think I read this can only be done if the Beneficiary is already living in the United States when the I-130 is submitted.

If this is the case, when would be the best time to complete and submit the I-485? When she has been approved for the I-130, or once she is physically in the US?

I guess I am a bit confused, because I thought that she would be considered a permanent resident when she enters the US at a point of entry, as seen here:

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

Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry

So, I was under the impression, once this happens, she is considered a permanent resident, and we just submit a I-751 for Removal of Conditions.

But the I-485 is to adjust to register permanent residence, which I thought she was already considered once she arrives at the port of entry.

So, I guess I am needing some clarification on if I can submit a I-485 when I submit the I-30. If not, when should I submit it? And since we have been married more than two years, will I still need to complete a I-751 when she is here?

Sorry for all the questions. Filling out the I-130 seemed like a breeze compared to the questions about the other forms!

Thanks very much!

Take care,

Eric

[Pitaya 2,577]

~~Moved from K-1 Process to CR-1/IR-1 Process Forum~~

~inquiry not K-1 related~

[Ryan H 3,819]

For the spousal visa process, the I-485 is a form you will never use.

[lost_at_sea 995]

Your post is a little confusing.

You should be filing the I130 ASAP for her to apply for her IR-1 visa in Slovakia. The link you had is the correct guide for that: http://www.visajourn...tent/i130guide1 You don't need to do anything that isn't in that guide.

Once she has her IR1 visa and enters the USA, she'll receive a green card and become a permanent resident. She cannot move to the USA permanently until she has obtained her IR-1 visa.

[aleful 1,905]

you are confused,

for spousal visas there are 2 different processes. your wife will go through consular processing since your wife doesn't live in the US, she will get the visa in her passport, and her GC once she arrive here.

the other process, the i485 is for spouse already in the US and qualifying to adjust status in the US. this is not your case, so forget about the i485

[OkieGuitarist 0]

Great!!

Thanks for all the replies. I definitely was confused, or at least asked my question in a confusing manner. I just wanted to make sure that since my wife currently lives in Slovakia, all I need to do is complete the I-130. And that does seem to be the case.

I was worried that I would have to also complete an I-485 after she moved here (once she had her IR1), but it seems I was worried for nothing.

Thanks again to all of you!! I understand now, and am now breathing easier!