Concurrent filing of I-130 and I-485

[blueniv 5]

Hello everyone,

I arrived in the US from the Netherlands under the visa waiver program last April and got married to a US citizen last week and now I want to file for AOS. Officially I'll have to leave the US in about a week and a half, but it doesn't seem we'll be able to file form I-485 concurrently with the I-130 before that time because I'm still trying to gather all the required documents, have to get a medical examination etc. I'm a little confused about the whole ordeal of concurrent filing, what benefits does it provide? If I file just the I-130 and get it approved, does that protect me from deportation? If I wait to get all the documents together for filing the I-485, can I get in trouble if, for instance, I get pulled over for speeding after my VWP runs out? I'm very nervous about overstaying.

Any advice would be greatly appreciated

[Hypnos 6,576]

The I-130 does not protect you in any way, only the I-485 does.

If you are out of status (which you will be from the day the authorised stay in your passport expires) then even something as minor as a traffic stop can lead to being detained by ICE and appearing in immigration court (which will be unpleasant).

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 and as soon as your I-485 is accepted for processing by USCIS then you will be placed into a new period of authorised stay which will persist until the I-485 is adjudicated.

Edited July 7, 2014 by Hypnos

[All fingers cross 0]

When you say last April you mean this April 2014 ?

Filling the I-130 by itself will not give you any type of status or protection if you plan on staying here to adjust , If you file the I-485 packet which would include the I-130, I-765 ( employment authorization) and 1-131 advance parole ( both are free when filling concurrently ) you will be put in to a type of temporary lawful status while your application is pending, you will also recieve your Employment authorization ( EAD) within 90 days and advance parole so you can travel whilst awaiting your interview.

As for overstaying your vwp, overstay is forgiven when married to a USC when you adjust, however you will be at risk until your I-485 is filled and should get your papers in ASAP

[blueniv 5]

When you say last April you mean this April 2014 ?

Filling the I-130 by itself will not give you any type of status or protection if you plan on staying here to adjust , If you file the I-485 packet which would include the I-130, I-765 ( employment authorization) and 1-131 advance parole ( both are free when filling concurrently ) you will be put in to a type of temporary lawful status while your application is pending, you will also recieve your Employment authorization ( EAD) within 90 days and advance parole so you can travel whilst awaiting your interview.

As for overstaying your vwp, overstay is forgiven when married to a USC when you adjust, however you will be at risk until your I-485 is filled and should get your papers in ASAP

Yes, this April 2014. Am I correct in understanding that the I-485 packet MUST contain the medical examination paperwork? I probably also need a couple of supporting documents from the Netherlands which will take some time to acquire and translate, I'm still a little confused about the fact that it seems almost impossible to get all the paperwork finished without overstaying (since getting married within 60 days of entering the US seems to raise a lot of red flags)... But in any case, thanks for the advice

[kzielu 1,147]

Yes, this April 2014. Am I correct in understanding that the I-485 packet MUST contain the medical examination paperwork? I probably also need a couple of supporting documents from the Netherlands which will take some time to acquire and translate, I'm still a little confused about the fact that it seems almost impossible to get all the paperwork finished without overstaying (since getting married within 60 days of entering the US seems to raise a lot of red flags)... But in any case, thanks for the advice

Yes, it has to contain I-693 - otherwise you're going to get RFE. Not sure why you're complaining that it's almost impossible to do paperwork without overstaying - VWP is not to allow people adjust their status.

[Hypnos 6,576]

You will be RFE'd for an I-693 if you fail to include it with your initial packet, which will slow down processing of your case.

[blk 87]

Yes, this April 2014. Am I correct in understanding that the I-485 packet MUST contain the medical examination paperwork? I probably also need a couple of supporting documents from the Netherlands which will take some time to acquire and translate, I'm still a little confused about the fact that it seems almost impossible to get all the paperwork finished without overstaying (since getting married within 60 days of entering the US seems to raise a lot of red flags)... But in any case, thanks for the advice

Hi & welcome, the thing about "getting married within 60 days of entering the US & red flags" is not true, lots of people enter the US to get married all the time. there are some that after getting married then decide to stay & adjust there status from within the US & don't end up with any "Red Flags" against them so don't worry, as long as when you entered the US you didn't have the intention to stay & adjust your status.

May i ask you what the the supporting documents you probably need are.

Brian

P.S Also that during the AOS you must not leave the US before you get the AP ( I-131 ) or the Green Card as if you do you will have abandoned the AOS & will then have to apply for a spouses visa before you can come back.

Edited July 7, 2014 by blk

[blueniv 5]

Hi & welcome, the thing about "getting married within 60 days of entering the US & red flags" is not true, lots of people enter the US to get married all the time. there are some that after getting married then decide to stay & adjust there status from within the US & don't end up with any "Red Flags" against them so don't worry, as long as when you entered the US you didn't have the intention to stay & adjust your status.

May i ask you what the the supporting documents you probably need are.

Brian

P.S Also that during the AOS you must not leave the US before you get the AP ( I-131 ) or the Green Card as if you do you will have abandoned the AOS & will then have to apply for a spouses visa before you can come back.

Hi Brian,

Yeah that's pretty much my story, I came here on vacation to visit my boyfriend and was planning on going back to Holland to apply for a student visa (I was thinking about going to college in the US, but have since decided against it) but he then asked me if I could stay a bit longer and we ended up getting married. I'm still paying rent on my apartment back in Holland but the idea of going back to Holland and getting all the immigration stuff in order from there, having to be apart for months is not something we want to go through.

Anyway, I was born in Scotland, I requested and received a copy of my birth certificate, but at the time of my birth my parents were not together, so my birth certificate only shows my mother's name (who is Scottish, my father is Dutch), and my last name as her maiden name. My current last name, as shown in my passport, is my father's last name which I got when I was about three years old when my parents got back together and got married in Holland. My father acknowledged me as his son and this certificate of acknowledgement is what shows that my last name was legally changed from my mother's maiden name to my father's last name, and should also be proof that my father is my father. Of course, I only found out that my father's name was missing from my birth certificate when I received it last week, so having to get this document from Holland and getting it translated is now causing me a fair amount of stress

And to clarify, I never meant to "complain" about the fact that it seems impossible to get all my paperwork sorted in time, it's just that finding out last minute that I need to get this document is kind of stressful and I'm terrified of being deported. I'm quite grateful for the fact that I'm able to adjust my status without having to be apart from my husband.

[blk 87]

Hi Brian,

Yeah that's pretty much my story, I came here on vacation to visit my boyfriend and was planning on going back to Holland to apply for a student visa (I was thinking about going to college in the US, but have since decided against it) but he then asked me if I could stay a bit longer and we ended up getting married. I'm still paying rent on my apartment back in Holland but the idea of going back to Holland and getting all the immigration stuff in order from there, having to be apart for months is not something we want to go through.

Anyway, I was born in Scotland, I requested and received a copy of my birth certificate, but at the time of my birth my parents were not together, so my birth certificate only shows my mother's name (who is Scottish, my father is Dutch), and my last name as her maiden name. My current last name, as shown in my passport, is my father's last name which I got when I was about three years old when my parents got back together and got married in Holland. My father acknowledged me as his son and this certificate of acknowledgement is what shows that my last name was legally changed from my mother's maiden name to my father's last name, and should also be proof that my father is my father. Of course, I only found out that my father's name was missing from my birth certificate when I received it last week, so having to get this document from Holland and getting it translated is now causing me a fair amount of stress

And to clarify, I never meant to "complain" about the fact that it seems impossible to get all my paperwork sorted in time, it's just that finding out last minute that I need to get this document is kind of stressful and I'm terrified of being deported. I'm quite grateful for the fact that I'm able to adjust my status without having to be apart from my husband.

Well try to relax, what you could do if you don't have the document through in time for you to send it with the rest of your paperwork is to send in photocopy's of the documents that you have managed to get so far & as soon as you have the other paperwork through get it translated & photocopy it as well ,then wait & see if they send you a "RFE" for that document & if they do then send them the photocopy's one of the original & one of the translation.

Brian

[blueniv 5]

Well try to relax, what you could do if you don't have the document through in time for you to send it with the rest of your paperwork is to send in photocopy's of the documents that you have managed to get so far & as soon as you have the other paperwork through get it translated & photocopy it as well ,then wait & see if they send you a "RFE" for that document & if they do then send them the photocopy's one of the original & one of the translation.

Brian

I see, so if they need further proof of my name change and that my father is my father they would just ask for it? It wouldn't result in an automatic denial because the paperwork wasn't in order?

[blk 87]

I see, so if they need further proof of my name change and that my father is my father they would just ask for it? It wouldn't result in an automatic denial because the paperwork wasn't in order?

No it should not as you are not withholding anything from them as it will be on the forms you send in, but I would say that if you can get it through in time for you to send it all off together then do so as it avoids any potential delays in the process.Some people on this journey that you are now going through have had RFE'S for missing or extra documents/evidence & have not been denied, so as I said relax go through the evidence & documents you have got & look to see if you need anything else don't rush you application.

Brian

[blueniv 5]

No it should not as you are not withholding anything from them as it will be on the forms you send in, but I would say that if you can get it through in time for you to send it all off together then do so as it avoids any potential delays in the process.Some people on this journey that you are now going through have had RFE'S for missing or extra documents/evidence & have not been denied, so as I said relax go through the evidence & documents you have got & look to see if you need anything else don't rush you application.

Brian

Ah ok, I did enter my mother's maiden name where the forms asked for "other names I was known under", so yeah, I'm not trying to withhold any information... Would I still be given legal status and protected from deportation if the I-485 was received but I got an RFE for that other document? It might take a couple of weeks before I got it and got it translated Thanks a lot for the information by the way

Oh and as for translations: do I need to have them done by a third party or can I do it myself?

Edited July 7, 2014 by blueniv

[blk 87]

Ah ok, I did enter my mother's maiden name where the forms asked for "other names I was known under", so yeah, I'm not trying to withhold any information... Would I still be given legal status and protected from deportation if the I-485 was received but I got an RFE for that other document? It might take a couple of weeks before I got it and got it translated Thanks a lot for the information by the way

Oh and as for translations: do I need to have them done by a third party or can I do it myself?

You will be alright as has been said before once you get the NOA1 for the I-485 you will enter a period of authorized stay until it has been all sorted & you have got your G/C.

In regards to doing the translations I do believe that you can, I think you have to declare that you are competent in translating it. I hope that made sense.

Edited July 7, 2014 by blk

[Ontarkie 14,008]

~~One post removed as it does not contribute to the thread, post constructively or do not post.~~

[superduperfriend 1]

Ah ok, I did enter my mother's maiden name where the forms asked for "other names I was known under", so yeah, I'm not trying to withhold any information... Would I still be given legal status and protected from deportation if the I-485 was received but I got an RFE for that other document? It might take a couple of weeks before I got it and got it translated Thanks a lot for the information by the way

Oh and as for translations: do I need to have them done by a third party or can I do it myself?

I think it's best you have somebody else translate them for you, that's what I was advised. And make sure that the translations contain this :

• Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

  The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

  Certification by Translator

  I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

  Signature_________________________________

  Date Typed Name

  Address

Source: http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

I understand what you are going through, I also went panic trying to collect some documents from Peru, my parents helped but it was stressful, I had to send them power of attorneys to be able to collect some papers on my behalf.

Good luck and I hope all goes smooth

Edited July 7, 2014 by superduperfriend