Wondering if I can submit I-130 and I-485 together

[seanalltogether 0]

Hello everyone,

I'm confused about the timing of the visa process and could really use some help. My wife and I are currently in the states, however she's here as a visitor from the UK so she's only here for 90 days. I can see from the USCIS website that it's possible to submit both the petition I-130 and adj of status I-485 concurrently since she's here in the US at the moment. However she'll need to go back to the UK after the 90 day period (I'll be going with her too) and we wont be back until the fall. So the question I have is, should I be submitting these forms concurrently, or should we do the I-130 first and then submit an adjustment at a later date? I'm worried that if I submit concurrently, they'll want to schedule an interview/biometric test while we're back in the UK. How does this work for other people that are only able to stay for limited periods of time?

Thanks

[milimelo 4,481]

No, stick with submitting I-130 only.

[seanalltogether 0]

Could you please elaborate? Is concurrent filing only for people who are capable of remaining in the states full time?

Also, if I submit just the I-130 for now, will we have to do a CR-1 once it is approved, or can I do an I-485 during a future 90 day visit to the states?

thanks

[nightingalejules 678]

You can't file the adjustment if you're planning to travel before it comes through. You can't travel out of the US at all while your Adjustment of Status is processing. You're kind of stuck with the I-130 CR1/IR1 visa.

However, if you both qualify as legal residents of the UK, you could apply for your visa via the DCF route, which will save you MONTHS!

If you don't, sorry, but you're in for the long haul - currently 7 months or more for the I130 approval, followed by 3 months or more at NVC, then however long it takes for a medical and interview in the UK, followed by a week or two to get your visa sent out to you by courier.

You'll probably wish you'd blown off your trip back to the UK, and filed I-130 and AOS concurrently after all!

[seanalltogether 0]

Oh now that is interesting, we will both qualify as legal residents within the UK when we head back for the summer (I will have had my UK residence visa for 6 months at that point).

[Merrytooth 5,748]

http://www.visajourney.com/wiki/index.php/DCF_London

Look for VJ member lost_at_sea link