Filing i130 and i485 separately

[lucy.lucy 0]

Hello, 

 

I was wondering if it is possible to file i130 and i485 separately when I am wife of US citizen applying for AOS.

Can I file i130 wait for approval and then file i485?

 

 

[Suss&Camm 2,213]

8 minutes ago, lucy.lucy said:

Hello, 

 

I was wondering if it is possible to file i130 and i485 separately when I am wife of US citizen applying for AOS.

Can I file i130 wait for approval and then file i485?

 

 

Yes that's fine.  Most ppl file simultaneously since it takes so long as it is.

[Matisyahu 8]

Why would you wanna do it? It will take much longer to do it separately.

[lucy.lucy 0]

It gives us some more time to gather evidence.

How long would it take?

Like 5 months for i130 and then like 8 months for i485?

[Matisyahu 8]

1 minute ago, lucy.lucy said:

It gives us some more time to gather evidence.

How long would it take?

Like 5 months for i130 and then like 8 months for i485?

 

On average, I would think so. Is your local office San Jose? What evidence are you talking about?

[lucy.lucy 0]

Yes. Like some evidence of relationship.

We dont need to hurry. 

 

You are very helpful. 

Edited April 29, 2017 by lucy.lucy

[Matisyahu 8]

4 minutes ago, lucy.lucy said:

Yes. Like some evidence of relationship.

We dont need to hurry. 

 

You are very helpful. 

 

You're welcome. The evidence of relationship has to go with I-130. My understanding is that the less time you have been married, the less amount of evidence you need. But you do need to send some evidence with the I-130 (as described in the instructions of the form)

[lucy.lucy 0]

Well, we have lots of evidence from before marriage - communication, meeting each others families and friends in person, money transfers, photos... I have his address on all of my IDs along with my old name.

I am now on his insurance. 

Would it be sufficient for i130? How much evidence did you send?

 

[Matisyahu 8]

5 minutes ago, lucy.lucy said:

Well, we have lots of evidence from before marriage - communication, meeting each others families and friends in person, money transfers, photos... I have his address on all of my IDs along with my old name.

I am now on his insurance. 

Would it be sufficient for i130? How much evidence did you send?

 

 

That should be fine if you are newlyweds. We have been married for a while so we had more evidence.

[lucy.lucy 0]

So far we have half of a small shoebox of evidence.

Thanks!

[Matisyahu 8]

3 minutes ago, lucy.lucy said:

So far we have half of a small shoebox of evidence.

Thanks!

 

I think you should be fine even with sending that amount of evidence to file concurrently!

[geowrian 22,338]

As others noted, yes you can file separately. However, note that the I-130 does not grant any legal status or authorized stay, and does not enable the beneficiary to apply for AP or EAD. As such, he cannot work (unless he already has an EAD). Also, if your husband leaves then he cannot re-enter the US on a non-immigrant visa/status with the intent to file for AOS anymore. He would have to do consular processing at the embassy abroad and do a CR-1 visa.

 

If your husband does not have a legal status or it will expire before you file for AOS, he will be/become deportable.

 

USCIS will take into account the entire length of the marriage for consideration. Waiting longer to gather more evidence doesn't necessarily increase the chances of success. You can always bring more evidence with you to the interview (assuming you get one) instead of waiting.

Edited April 29, 2017 by geowrian

[zilchfox 296]

You should not file I-765 or I-130 without filing I-485, as it'll be based on your I-94 and it will expire (90 days from POE) before they even have a chance to process them, making it a waste of time and money, and they'll eventually deny them because your I-94 expired. 

 

Just save yourself the hassle and file them together with your I-485, it's free to do so. Don't worry about evidence of a relationship at this time, my partner and I didn't submit ANY aside from the required documents such as a marriage certificate, and I was approved for AOS without an interview no problem. 

 

PS: I'm assuming you're adjusting from a K-1, however I can't tell on mobile and you do not have your timeline filled in. 

Edited April 29, 2017 by zilchfox

[geowrian 22,338]

1 minute ago, zilchfox said:

You should not file I-765 or I-130 without filing I-485, as it'll be based on your I-94 and it will expire (90 days from POE) before they even have a chance to process them, making it a waste of time and money, and they'll eventually deny them because your I-94 expired. 

 

Just save yourself the hassle and file them together with your I-485, it's free to do so. Don't worry about evidence of a relationship at this time, my partner and I didn't submit ANY aside from the required documents such as a marriage certificate, and I was approved for AOS without an interview no problem. 

I-131*

 

I don't think the OP is filing as the spouse of a K-1 recipient. Also, I think she is referring to the actual I-130, not the I-131 (travel document/AP).