form i-485 From I-1485 (Adjustment of Status)

[Eshaan Mehra 0]

Clarification regarding Form I-485 and others :

 

Hey! Could anyone please help me with this doubt?

I just got married about a month ago and my wife is an American citizen. I would like to inquire :
1.My main concern is that do I need to file I-485 and all the other forms along with I-130 and I-130A or can it be filed separately later on? (I guess what I’m asking is what is the best option to take)
2.Do I need to hire a lawyer or is it alright if I don’t?

3. Estimated timeline for the procedure.

 

*Any extra information/advice is welcomed 🙏🏼

Your time and help is greatly appreciated. Thanks.

[Chancy 6,243]

1 hour ago, Eshaan Mehra said:

1.My main concern is that do I need to file I-485 and all the other forms along with I-130 and I-130A or can it be filed separately later on? (I guess what I’m asking is what is the best option to take)

 

Are you currently in the US?

 

[Eshaan Mehra 0]

No, I’m currently residing in India. I spoke to a lawyer and she told me that the I-485 can only be filed if the beneficiary is in the U.S.

So should I only go ahead with I-130 & I-130A or are there other forms that I can submit after the approval?

Also, any advice on what supporting evidence shall I submit along with the application?

 

Thank you.

Edited June 3, 2021 by Eshaan Mehra

[arken 4,197]

Your wife will file i130 and i130A with the uscis and just wait till its approved. During that time you two can work on assembling more evidences of marital relationship for the interview. 
 

If you and your wife are willing to read the i130 instructions and VJ guidelines here very carefully, you don't need a lawyer.

 

For a good start: 

 

[Chancy 6,243]

13 hours ago, Eshaan Mehra said:

No, I’m currently residing in India. I spoke to a lawyer and she told me that the I-485 can only be filed if the beneficiary is in the U.S.

 

The lawyer is correct.  Because you are outside the US, the I-485 form is not relevant to your immigration process.  Check the guide linked by @arken above on how to start the spouse visa process.

 

Fill out the I-130A, scan, and email it to your wife.  She must include it when she submits the I-130.  She can file online or via mail.

 

If you and your wife are willing to spend time and effort to research the process, have confidence in your ability to follow form instructions, and have a straightforward case (e.g. no criminal background or prior visa violations), you can complete the process without a lawyer.  Also, hiring a lawyer will not help to reduce your case processing time, unless you plan to sue the US government at some point.  VJ is mainly a DIY site, so many many members here have successfully immigrated to the US without help from a lawyer.

 

Estimate for the CR1/IR1 process, from petition filing to visa on hand, was 12 to 18 months, pre-COVID.  Now with all the COVID-related disruptions, it's anybody's guess how that will affect the visa processing time at the consulate.

 

Edited June 4, 2021 by Chancy
clarification

[Eshaan Mehra 0]

Thank you so much @arken and @Chancy. It was really insightful.
• Although can I ask what is the significance of I-485 because I heard it to be the most important form of the immigration file. But now I’m getting to know that just by filing I-130 one gets a permanent residency when he/she enters the U.S.

•  Oh’ it’s fairly straight forward case IMO, we went to the same college together in India and graduated back in 2017 and absolutely no flags on our file, spotless record.

That’s the only thing I’m contemplating on still, I’ve already filled out the form and I have most of the supporting evidence I need. I just want a safety blanket I guess that’s why I’m pursuing with a lawyer, still ambiguous though.
• 12-18 months seem a lot, I’ve been told the cases are back to being on fast track but it still might take sometime. No way to expedite the procedure?

• Lastly, what is the case with affidavit of support? Do we have to file it before the interview or after?

 

Really appreciate the help 🙏🏼

[payxibka 10,047]

1 hour ago, Eshaan Mehra said:

Thank you so much @arken and @Chancy. It was really insightful.
• Although can I ask what is the significance of I-485 because I heard it to be the most important form of the immigration file. But now I’m getting to know that just by filing I-130 one gets a permanent residency when he/she enters the U.S.

•  Oh’ it’s fairly straight forward case IMO, we went to the same college together in India and graduated back in 2017 and absolutely no flags on our file, spotless record.

That’s the only thing I’m contemplating on still, I’ve already filled out the form and I have most of the supporting evidence I need. I just want a safety blanket I guess that’s why I’m pursuing with a lawyer, still ambiguous though.
• 12-18 months seem a lot, I’ve been told the cases are back to being on fast track but it still might take sometime. No way to expedite the procedure?

• Lastly, what is the case with affidavit of support? Do we have to file it before the interview or after?

 

Really appreciate the help 🙏🏼

If you are inside tbe 🇺🇸,  the i485 is the way to get a green card.  If you are outside the country then you will never need an i485.

 

Affidavit is submitted to NVC just prior to the interview 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Eshaan Mehra 0]

One last thing :

Can you file spouse visa and parents visa at the same time for green card?

[arken 4,197]

2 hours ago, Eshaan Mehra said:

One last thing :

Can you file spouse visa and parents visa at the same time for green card?

Yes, separate i130s can be filed for spouse and parents at the same time, Each could get processes st different times.