Should I file an I-130?

[ram1009 42]

I married my K1 bride on 14 Feb 2020 and we filed our AOS on 19 Feb 2020.  Both dates are still well within the I-94 period which terminates on 15 Mar 2020.  I have recently become aware that I am also eligible to file an I-130 for my new bride.  Can someone help me decide if this is something I want to do?

[milimelo 4,433]

No. 

[Boiler 45,052]

no

[ram1009 42]

We seem to have a consensus of two.  Would anybody care to elaborate?

[alun 73]

Read the guides here on VJ about adjusting status . You need to fill I 485 and  why not  I131 and I 765 . 

Dont know why you think I 130 is needed. Read USCIS guides too

[alun 73]

Sorry , I saw you filled for AOS . How about EAD and AP ? 

[payxibka 10,045]

If you want to spend $535 for no reason 

[Crazy Cat 41,423]

1 hour ago, ram1009 said:

We seem to have a consensus of two.  Would anybody care to elaborate?

Why file an I-130?  That is only required if you did not marry within 90 days.  As @payxibka stated, it would be a waste of money.

[Just Paul 4,595]

1 hour ago, ram1009 said:

We seem to have a consensus of two.  Would anybody care to elaborate?

Is there some reason you think you should file an I-130?   It isn't going to get a green card or in your case an EAP or AP done sooner. 

 

If you were so worried about legal status after marriage you could have selected the VISA that grants a green card upon entry.

[ram1009 42]

1 hour ago, Paul & Mary said:

Is there some reason you think you should file an I-130?   It isn't going to get a green card or in your case an EAP or AP done sooner. 

 

If you were so worried about legal status after marriage you could have selected the VISA that grants a green card upon entry.

To do that We would have had to marry out of country and that was impossible.

[ram1009 42]

It's implied in the regs that the issuance of a green card happens much faster for an I-130 because a spouse is involved.

 

Eligibility for Adjustment of Status

If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;

• You were inspected and admitted or inspected and paroled into the United States;

• You are physically present in the United States at the time you file your Form I-485;

• You are eligible to receive an immigrant visa;

• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application;    
  • Note: A visa is always available for immediate relatives.
• The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;

• None of the applicable bars to adjustment apply to you;

• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and

• You merit the favorable exercise of USCIS’ discretion.

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa if you are the beneficiary of:

• An approved Form I-130 on your behalf;
• A pending Form I-130 (that is ultimately approved); or
• A Form I-130 (that is ultimately approved) filed together with your Form I-485.

[Just Paul 4,595]

5 minutes ago, ram1009 said:

It's implied in the regs that the issuance of a green card happens much faster for an I-130 because a spouse is involved.

 

Eligibility for Adjustment of Status

If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;

• You were inspected and admitted or inspected and paroled into the United States;

• You are physically present in the United States at the time you file your Form I-485;

• You are eligible to receive an immigrant visa;

• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application;    
  • Note: A visa is always available for immediate relatives.
• The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;

• None of the applicable bars to adjustment apply to you;

• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and

• You merit the favorable exercise of USCIS’ discretion.

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa if you are the beneficiary of:

• An approved Form I-130 on your behalf;
• A pending Form I-130 (that is ultimately approved); or
• A Form I-130 (that is ultimately approved) filed together with your Form I-485.

If you WERE to file concurrently then it would take the same amount of time, if not longer, to get a green card.  You do have the right to file that way but it won't save any time and will cost twice as much if you have already filed AOS.

[payxibka 10,045]

There is implied and reality.  Under your idea it is not the i130 that results in the granting of the green card but the i485.  The i485 is submitted in both scenarios because the alien is already present.   

 

Do as you wish

 

It is not how fast they adjudicate the i130,  but how fast your local office schedules the interview.   Some local offices are a few months,  some are many more.

 

 

Edited February 29, 2020 by payxibka

[JFH 12,189]

1 hour ago, ram1009 said:

To do that We would have had to marry out of country and that was impossible.

No you don’t. I married in the USA and filed a CR-1. You don’t have to marry overseas to file for a spousal visa. But the point is moot now. Too bad you didn’t check that information before spending all that money on a K-1 and now on AOS. 

[Just Paul 4,595]

1 hour ago, ram1009 said:

It's implied in the regs that the issuance of a green card happens much faster for an I-130 because a spouse is involved.

It is "faster" to file concurrently for a spouse verses filing stateside for a spousal and doing consular processing - all things being equal.   

 

One must take into consideration the entire process, end to end, before selecting a path to the US and wether that path works for them. 

 

In our journey we able to get to the US in less than 4 months as a spouse without any form of expedite.

 

2 hours ago, ram1009 said:

To do that We would have had to marry out of country and that was impossible.

You could have married anywhere in the world.    For us it was a simple wedding in a 3rd country.