AOS and F1 - please HELP

[skillz 0]

My wife entered on an F1 visa and we subsequently met and got married. She now needs to adjust her status. Two questions:

(1) I know I need to submit the I-485 AOS petition, however, do I need to submit an I-130 with that? or

(2) Do I have to file a I-130 petition and once approved then file the I-485?

I'm very confused. Please help!

Thank you!!

[Kez/JWolf 6]

Your wife need to file both the I-485 and the I-130 together... follow thos guide it will help

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

Good Luck

Kez

[skillz 0]

Your wife need to file both the I-485 and the I-130 together... follow thos guide it will help

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

Good Luck

Kez

I have received conflicting information. Some people say to file the I-130 with the I-485 and others say that the I-130 petition needs to be submitted first and then once approved the I-485 can be submitted with the I-130 approval notice. Can anyone clarify this?

Thanks

[athena_ny 1]

Kez just clarified for you.

Your wife need to file both the I-485 and the I-130 together... follow thos guide it will help

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

Good Luck

Kez

I have received conflicting information. Some people say to file the I-130 with the I-485 and others say that the I-130 petition needs to be submitted first and then once approved the I-485 can be submitted with the I-130 approval notice. Can anyone clarify this?

Thanks

[skillz 0]

Nope. His information conflicted with the instructions. The instructions state to prepare an entire I-130 petition. He said to file the I-130 (presumably only that document) WITH the I-485.

T

[athena_ny 1]

You prepare the I-130 and send it in together with the I-485 and I-765 (if you're applying for it).

Nope. His information conflicted with the instructions. The instructions state to prepare an entire I-130 petition. He said to file the I-130 (presumably only that document) WITH the I-485.

T

[Kez/JWolf 6]

You asked if you had to file the I-130 and wait to have that approved then file for AOS.... the guide tells you to file both the I-130 application and the I-485 application at the same time in the same packet to the same address...

Where is the conflicting info??

Kez (she)

[skillz 0]

You asked if you had to file the I-130 and wait to have that approved then file for AOS.... the guide tells you to file both the I-130 application and the I-485 application at the same time in the same packet to the same address...

Where is the conflicting info??

Kez (she)

The conflict is with regards to whether an entire I-130 petition needs to be submitted along with the I-485 or just the I-130 document with the I-485.

[Kez/JWolf 6]

You complete the I-130 application, answering all the questions and supplying all the evidence/documents asked for in the instructions....

You complete all the forms for the AOS, answering all the questions and providing all the Documents/Evidence asked for in the instructions.....

All of the above goes inside a big envelope and you mail it to Chicago Lockbox...

The form you need are:-

1. I-130

2. G-325a

3. I-864

4. I-485

5. I-765 (optional)

6. I-131 (optional)

Read the giude and look at the example forms to help you...

Kez

[Dr_LHA 3]

(1) I know I need to submit the I-485 AOS petition, however, do I need to submit an I-130 with that? or

Yes you need to submit I-130. You submit I-130 together with the I-485 to Chicago Lockbox in the same envelope.

(2) Do I have to file a I-130 petition and once approved then file the I-485?

You don't have to do that any more. You file both together and they both get approved at the same time. In the old days you had to file I-130, wait for approval, then I-485. Luckily those days are over.

Also note when filling in I-485 the answer to part 2 is "A". I know that's gonna be your next question.

[skillz 0]

Do I pay an additional filing fee for adding the I-130?

[Kez/JWolf 6]

YES

[athena_ny 1]

You pay the fee on the form...190.00 I believe. 190.00 for that and 395.00 for I-485. It's sent in together to (I think) speed the process up a little but you still have to fill out each one separately and pay separately.

And if you file the I 765, you have to fill out the whole thing as well, and pay the fee for it.

Do I pay an additional filing fee for adding the I-130?

[SC & TF 1]

My understanding is that you ONLY file I-485 and I-130 together when the petitioner is a US citizen. Otherwise, if LPR, you file the I-130 first, wait for a visa number to become available, then file for AOS. Are you a USC? Then, file concurrently.

[Dr_LHA 3]

My understanding is that you ONLY file I-485 and I-130 together when the petitioner is a US citizen. Otherwise, if LPR, you file the I-130 first, wait for a visa number to become available, then file for AOS. Are you a USC? Then, file concurrently.

Good point. That said about 99% of people on this forum are married to a USC, so its a easy assumption to make!