Guidance - I-130 or I-485?

[fazer23 0]

Hi everybody - hoping that somebody can point me in the right direction.

1. Wife and I were married nearly 3 years ago.

2. Have one child, 2.5 years old.

3. Wife and child are currently in the US on a visitor visa (wife); Child is USC. Wife has been to the US five times as visitor in past 5 years.

4. We are domiciled outside the US, but looking at becoming US based.

5. If my wife is located in the US at the time of filing, which route do we go - I-130 or I-485? K3 is not appealing, so looking to avoid that route if possible.

TIA.

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[blk 87]

Hi everybody - hoping that somebody can point me in the right direction.

1. Wife and I were married nearly 3 years ago.

2. Have one child, 2.5 years old.

3. Wife and child are currently in the US on a visitor visa (wife); Child is USC. Wife has been to the US five times as visitor in past 5 years.

4. We are domiciled outside the US, but looking at becoming US based.

5. If my wife is located in the US at the time of filing, which route do we go - I-130 or I-485? K3 is not appealing, so looking to avoid that route if possible.

TIA.

Hi as long as your wife entered without the intention to stay in the US then you can file for Adjustment Of Status from in the US with forms I-130, I-485, plus I-864, I-693, & you send the all together in the same envelope. If you want to you can also send in I-765 & I-131 as they are free to file if you send them in with all of the other forms, there is a guide at the top of this web site that will help explain things, but if you do have any questions just post it & people should help you. Also if you do go this route your wife must not leave the US before she has got her Green Card in hand or her Advance parole card the I-131.

Good luck, Brian

Edited March 22, 2014 by blk