Sending I-130 Petition/I-485 separately?

[birdnbloke 0]

Married in December in the US, now getting ready to file I-130, I-485 and I-765 forms and fees.

Is it possible to file the I-130 now, and file the EAD and AOS forms separately in a month or so? I have the fees for the I-130 right now and I'd rather get the process going instead of having to wait another couple of months till we can save up the entire amount for all the fees combined. I know it's suggested that you file at the same time, but is it mandatory? If not, would it be beneficial to go ahead with the I-130? Anybody have any thoughts on this?

[YuAndDan 153]

If you are in the USA now, and are adjusting status from another type of visa, you need to file the I-130, and I-485 together to the Chicago Lock box, if you don't, The I-130 gets processed like any other CR-1 vias application and you will have to travel to the foreign country to do the interview for the visa.

SEE:

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...p;page=otheraos

The guides are your friends:

Edited February 7, 2007 by YuAndDan

[Dr_LHA 3]

Married in December in the US, now getting ready to file I-130, I-485 and I-765 forms and fees.

Is it possible to file the I-130 now, and file the EAD and AOS forms separately in a month or so? I have the fees for the I-130 right now and I'd rather get the process going instead of having to wait another couple of months till we can save up the entire amount for all the fees combined. I know it's suggested that you file at the same time, but is it mandatory? If not, would it be beneficial to go ahead with the I-130? Anybody have any thoughts on this?

Personally I would file together (well actually I did do this).

Technically you can file seperately, and all you need when you file AOS is proof that you filed I-130 already (i.e. the Notice of Action), but in terms of making everything go as smooth and fast as possible, I couldn't recommend that route. If you file concurrently then I-130 will be adjudicated at the same time as your I-485 (i.e. most likely at your interview). If you file I-130 separately first, you introduce more people and service centers into the equation which is bound to make things more complicated and therefore slower.

Also as filing I-130 gives you no legal status I can see no advantage in filing I-130 early. The bottom line: wait and file everything at once, its the best way.

[birdnbloke 0]

Thanks for the advice

Immigration fraud isn't an issue in our case, so the guidelines don't really apply, but thanks anyway

[eau_xplain 2]

The key thing really is that your spouse doesn't fall out of status. Filing the I-130 doesn't grant your spouse any legal immigration status at all.

I tried to check your timeline but am a bit confused as to what kind of immigration status your spouse has at the moment. Your timeline shows filing of IR1/CR1 and an entry of Sept 2006. And yet you are talking about filing the I-130 (and AOS). So, not really sure what details to provide that would help you with regards to your question.

[Dr_LHA 3]

Thanks for the advice

Immigration fraud isn't an issue in our case, so the guidelines don't really apply, but thanks anyway

Sorry - what guidelines? Also if you were replying to me, I wasn't suggesting any immigration fraud was going on.

[Kez/JWolf 6]

The guidelines for filing for AOS apply to everyone.... some may not apply to your case but you still have to follow the guidelines....

Of course you may belive you are about the Guidelines... and if that is the case good luck.. coz you will need it.

Kez

[Killer_Clown_2009 0]

I think she meant fraud guidelines.

[birdnbloke 0]

Timeline isn't correct. We have not filed yet and will be doing AOS here in the US. Married on VWP in December. Entered the US Legally with no premeditated plan or intent to stay/marry on visit.

So basically, what I understand is that it won't do any good to further the case along by filing the I-130 first, then following a month later with the I-485 and EAD application.

Thanks y'all

My apologies, dr_lha I took the suggestion of looking at the guides wrong since the very first thing that comes up is a warning, referring to folks who marry while on "other types of Visas" and wish to adjust status afterwards, noting that they are possibly commiting immigration fraud. Not the case with us, thus my comment. I apologize. It's just people are very quick to assume around here, I've noticed

I have all the forms filled out ready to go with copies of documents, pictures, etc., thanks to the guides and members posts within this forum.....just saving up the fees to send it along soon.

[Kez/JWolf 6]

There are some of us who will offer you support... I to did AOS from VWP after getting married on the spur of the moment... and yes you have done nothing wrong...

Good Luck

Kez

Edited February 9, 2007 by Niagaenola

[meauxna 15]

It's just people are very quick to assume around here, I've noticed

You could be of great service to many people if you learned how to articulate the differences so that people CAN learn what is right and quit jumping to incorrect conclusions.

Putting bad data in a timeline hurts more than it helps. I don't have timeline data and never have (people didn't like my kind of case either). If you don't want a timeline, don't have one. And, if you act ashamed or skulk around about your immigration path, it just makes it seem 'wrong'.

KEZ: I really have to give you credit for being an accurate vocal advocate to help keep the loud voices down out here.

The vast majority of AOS cases are from another visa than K, many many from B or VWP. There isn't anything inherently illegal about it, but people do misunderstand the subtleties.

I hope you become a great educator here.

[Dr_LHA 3]

The timeline system is extremely inflexible when it comes to visas though. I had to basically put in a visa I didn't have to even be able to complete my timeline in any way (you have to select a visa, and in my case my actual visa, H-1B, wasn't an option).

EDIT: I take it back, there's an "other" option now for visa. That wasn't there when I started the process.

Edited February 10, 2007 by dr_lha

[Killer_Clown_2009 0]

It's a lot nicer now that it is fixed though, you can select other visa and put the type in the comment section.

[shermike 1]

Married in December in the US, now getting ready to file I-130, I-485 and I-765 forms and fees.

Is it possible to file the I-130 now, and file the EAD and AOS forms separately in a month or so? I have the fees for the I-130 right now and I'd rather get the process going instead of having to wait another couple of months till we can save up the entire amount for all the fees combined. I know it's suggested that you file at the same time, but is it mandatory? If not, would it be beneficial to go ahead with the I-130? Anybody have any thoughts on this?

I did. I sent in my I-130 about 3 months before I sent any other document. See my signature below.

[birdnbloke 0]

Married in December in the US, now getting ready to file I-130, I-485 and I-765 forms and fees.

Is it possible to file the I-130 now, and file the EAD and AOS forms separately in a month or so? I have the fees for the I-130 right now and I'd rather get the process going instead of having to wait another couple of months till we can save up the entire amount for all the fees combined. I know it's suggested that you file at the same time, but is it mandatory? If not, would it be beneficial to go ahead with the I-130? Anybody have any thoughts on this?

I did. I sent in my I-130 about 3 months before I sent any other document. See my signature below.

Thanks for the info, Shermike! I haven't seen anyone else who filed the I-130 before everything else. I know it won't help get the EAD faster, but I'd like to just get it going. I just didn't know if it would create any problems by doing it that way or not, since the instructions don't address sending it separately for those immigrants who are already here in the US.

My apologies to those whom I've annoyed or offended. I'll try to behave in the future.

I have noticed, actually, that there are several folks on here who are adjusting from visas other than k-1. That's why I don't really understand the "illegal" comments from some on here. I'm more than willing to share all of the experiences we encounter on this journey with others on here as they unfold and will offer support to all who travel this path of immigration, without judgement, in the future. I've taken the oath now.... :)