I-130 Concurrent filing

[Flamexd 0]

Hi, 

 i am starting the process to apply for my spouse immigration. I am US citizen but not sure if I should do concurrent filing? My spouse is still overseas so should I also file I-485 or not?

 

Also, what does i-130a entails apparently my spouse needs to submit that too with i-130.

[NancyNguyen 1,657]

You need to file i-130 now and she will wait for interview overseas.

[HRQX 4,145]

40 minutes ago, Flamexd said:

My spouse is still overseas so should I also file I-485 or not?

That form is NOT required for Immigrant Visas. Here is the guide for her path:

It's easier to do it online. You fill out and submit I-130 petition: https://www.uscis.gov/i-130

Eventually it's going to ask you: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When you select "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since she is currently outside of the US she doesn't have to sign I-130A supplement, but it still needs to be uploaded by you. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[CS_Bradshaw 55]

which i understand if your spouse is in overseas you cant do concurrent filling amd I-485 is only needed for adjustment status inside the US. so if your spouse is in overseas you need to do I-130 and once it get approved by USCIS, your spouse will have a consular processing with NVC and the US embassy in the country your spouse live