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Posted

We are applying for my spouse under the Spontaneous wedding part of immigration and we just filed the I130 and paid the $535 and we don't want to send in the other form I485 because we are afraid that the I130 may be wrong and we get it rejected then have to refile and pay the 535 again so we don't want to send in the I485 and get that denied as well and have to pay that huge amount again.  Does anyone have experience with this situation how crazy is the immigration office with having to refile and repay your fee again?

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 1/11/2018 at 4:29 PM, RyanIndiana said:

We are applying for my spouse under the Spontaneous wedding part of immigration and we just filed the I130 and paid the $535 and we don't want to send in the other form I485 because we are afraid that the I130 may be wrong and we get it rejected then have to refile and pay the 535 again so we don't want to send in the I485 and get that denied as well and have to pay that huge amount again.  Does anyone have experience with this situation how crazy is the immigration office with having to refile and repay your fee again?

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As long as you submit the correct fee the petition will be logged and then nothing will happen for many many many months.  They won't approve or deny the petition for a long time.  If you submit the wrong fee it will be rejected until you do.  No advantage to submitting separately

YMMV

Posted

Our biggest worry is that all the documents call for a marriage "certificate" and in Indiana they have a system that they only give you your official marriage license that says the day you were married so we are afraid they may reject it for this reason?  Anybody go through this from indiana or a like state?

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
  On 1/11/2018 at 5:05 PM, RyanIndiana said:

Our biggest worry is that all the documents call for a marriage "certificate" and in Indiana they have a system that they only give you your official marriage license that says the day you were married so we are afraid they may reject it for this reason?  Anybody go through this from indiana or a like state?

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You cannot submit something Indiana doesn't provide.  You can only submit what they do.  Every state is different.  In Indiana, a marriage license fully executed and registered  is the Certificate of Marriage

 

You would never know the answer to that for many months.  If they don't accept it, they will give you a request for additional evidence (RFE) before a denial would occur.  This is/was not a reason not to submit the petition/application together

Edited by payxibka

YMMV

Posted

Without filing the I-485, they would be unlawfully present in the US after the beneficiary's I-94 expires. They also cannot work. Nor can they leave the US and re-enter to file for AOS.

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Filed: Citizen (apr) Country: Canada
Timeline
Posted
  On 1/11/2018 at 4:29 PM, RyanIndiana said:

We are applying for my spouse under the Spontaneous wedding part of immigration and we just filed the I130 and paid the $535 and we don't want to send in the other form I485 because we are afraid that the I130 may be wrong and we get it rejected then have to refile and pay the 535 again so we don't want to send in the I485 and get that denied as well and have to pay that huge amount again.  Does anyone have experience with this situation how crazy is the immigration office with having to refile and repay your fee again?

Expand  

File together in the long run you actually save money! They go through thousands upon thousands of these applications and this will definerly not be something to get rejected over. It is what you can provide. Doing them seperate is just adding time to your process. Also you should file aos asap to have legal status as stated above. 

 

 

 
 
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