I-130 Approved - Can I now file I-495

[Rob82UK 0]

Hi All,

My wife filled an I-130 for me, that has been approved today, she is just awaiting the letter in the post. Now I am in the USA with her, but just entered the other day on an ESTA (Visa Wavier) from the UK, I have a stamp in my passport that entitles me to be here until 10th November as a tourist (90 day tourist visa). So now I was wondering can we just file the I-495 and I stay here? Rather than going back to the UK? We didn't do concurrent filing and just filed the I-130.

Regards,

Rob.

[Harpa Timsah 13,258]

Yes. FIle the I-485 package with a copy of the NOA2 from the I-130. Don't do anything with NVC.

But doing it this way is more expensive and will take longer.

Good luck.

[Rob82UK 0]

How long would the i-495 take? Am I likely to be able to stay after November 10th? Also when is a SSN issued?

Thank you.

[Harpa Timsah 13,258]

The I-485 depends on your local office. Could be done in as little as 3 months, but some offices are taking 10 months. You would have to stay after Nov, or your case would be denied. Doing AOS means you are "stuck" in the country for a while. Leaving the country formally abandons your AOS case.

You can apply for a free temporary work permission and travel permission (to travel abroad without abandoning the case), and these take 90 days to be issued. You can get a SSN with the work card.

[Rob82UK 0]

You can apply for a free temporary work permission and travel permission (to travel abroad without abandoning the case), and these take 90 days to be issued. You can get a SSN with the work card.

What form is required for temporary work or travel? I travel for work, so could this cause a problem?

I presume the temporary work form is what gives you an SSN?

Thank you,

Rob.

[Hypnos 6,576]

You would follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

As Harpa stated, you would not be able to travel for ~90 days after filing your applications, until you receive Advance Parole which would allow you to travel without abandoning the process.

If this is not something you can do then you should not pursue AoS.

Edited August 14, 2014 by Hypnos

[Rob82UK 0]

You would follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

As Harpa stated, you would not be able to travel for ~90 days after filing your applications, until you receive Advance Parole which would allow you to travel without abandoning the process.

If this is not something you can do then you should not pursue AoS.

Thank you, reading through the guide it says that cant travel for 90 days from submitting, so I think I should be OK.

Then we just need to submit there right?

I-485

I-765

G-1145

Does Affidavit of support need to be done? As I am employed by a UK company and have my own finances, the company I work for are opening a USA office too.

[Hypnos 6,576]

I-131 also, if you wish to apply for Advance Parole which would allow you to travel whilst your application was pending.

Your wife will need to complete an I-864 and would need to meet the income requirements, which right now is ~$20,000 a year for a family of two. If she cannot meet this then you would need to obtain a joint sponsor.

Edited August 14, 2014 by Hypnos

[Harpa Timsah 13,258]

If you are the immigrant you cannot qualify on your foreign work. First, you do not have permission to work in the US (this work can be considered illegal). Second, to qualify one needs work from a US source. You have neither of these things.

[Rob82UK 0]

I-131 also, if you wish to apply for Advance Parole which would allow you to travel whilst your application was pending.

Your wife will need to complete an I-864 and would need to meet the income requirements, which right now is ~$20,000 a year for a family of two. If she cannot meet this then you would need to obtain a joint sponsor.

This is where it is a grey area for us as my wife has not worked since giving birth to our son, August 30th 2013 (He was a happy surprise, but has caused it to be more complicated for immigration). I am the main provider and support her! So if we do a affidavit of support who can that be, anyone? A friend etc or does it have to be a close relative?

System is flawed really as my Wife and Child need me in the USA and me being here is only going to contribute to the economy!

[Harpa Timsah 13,258]

A co-sponsor can be any US Citizen or US Legal Permanent Resident. It does not have to be a relative. The person would need to show that they have enough to support their household, plus you, at 125% of the poverty level. The I-864 has more instructions.

Your wife, even if she does not qualify, will also need to provide a complete I-864.

[Rob82UK 0]

A co-sponsor can be any US Citizen or US Legal Permanent Resident. It does not have to be a relative. The person would need to show that they have enough to support their household, plus you, at 125% of the poverty level. The I-864 has more instructions.

Your wife, even if she does not qualify, will also need to provide a complete I-864.

OK great thank you.

So now I need to submit:

I-485

I-765

I-131 (If I need to travel in first 90 days).

I-864 - My Wife

I-864 - Co-Sponsor(s)

G-1145

Is there anything else I may have missed?

[Harpa Timsah 13,258]

The I-131 is travel after the 90 days. It will take 90 days to be approved, and then you can travel. There is nothing you can do to be able to travel in the first 90 days. You will have to stay put. Same with the I-765, it is for a temporary work permission. After you get your Greencard you do not need those things anymore.

You will also need a lot of supporting evidence, and you will need a medical exam, which must be performed by a USCIS-designated Civil Surgeon and filled out on form I-693, and give to you in a sealed envelope. You can find a Civil Surgeon locator on uscis.gov.

You also need a G-325A. Have you read the VJ guide?

[Rob82UK 0]

The I-131 is travel after the 90 days. It will take 90 days to be approved, and then you can travel. There is nothing you can do to be able to travel in the first 90 days. You will have to stay put. Same with the I-765, it is for a temporary work permission. After you get your Greencard you do not need those things anymore.

You will also need a lot of supporting evidence, and you will need a medical exam, which must be performed by a USCIS-designated Civil Surgeon and filled out on form I-693, and give to you in a sealed envelope. You can find a Civil Surgeon locator on uscis.gov.

You also need a G-325A. Have you read the VJ guide?

I think we will be ok with supporting evidence, we have been together since November 2010, have a baby August 2013, married December 2013, signed a joint lease on house August 1st 2014.

My wife and I both completed a G-325A as part of the i-139 process, do we need to do another?

I have read the VJ guide to the I-495 but I fine a lot of information not applicable or confusing as I am from an ESTA Visa wavier country, also I saw an immigration Lawyer in Pennsylvania who appears to have given a lot of wrong information to us!

Regards,

Rob.

[Harpa Timsah 13,258]

Okay.

Yes, you need another G-325A. Please read the i-485 instructions.

You have the list of forms, now go and get the form instructions from uscis.gov Go through them line by line.

When I speak of supporting evidence, I am not talking about proof of a bona fide marriage.

I am talking about the litany of other items you need, like a birth certificate, proof of legal entry to the US, marriage cert, taxes, proof of current employment, proof of status in the US for a joint sponsor, etc.

The guide is exactly what you need for a adjustment from the VWP. There cannot be a one-sized fits all guide, there will be some parts that are applicable for some and not for others. But that guide is 99% exactly for you.