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Salvador&Julissa

Filing I 485 while awaiting I 130 approval

By Salvador&Julissa in Adjustment of Status from Work, Student, & Tourist Visas

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Salvador&Julissa Rookie

Salvador&Julissa   5

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Filed: IR-1/CR-1 Visa Country: Mexico
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Has anyone filed form I 485 while waiting for I 130 Approval?  Since the IR1 category has unlimited visas, I was wondering if I should go ahead and send the I 485 in.  I sent in the I 130 on 7.18.2022 and attorney said it is up to me if I wanted to send it in before the I 130 approval. Attorney said that many of his clients do both at the same time but the I 485 has to be mailed in and not done online. Thanks in Advance for any information.

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Salvador&Julissa
Salvador&Julissa

Yes, that is what the attorney said. That once we got married, his visa is voided. That if he leaves, he cannot come back in. He used to come back and forth to visit his kids in New Mexico. 

Boiler
Boiler

Assuming we are getting the full story no way is this an Immigration Lawyer

SteveInBostonI130
SteveInBostonI130

Hi,   Looks like I am late in joining the conversation.  With the current state of affairs, I would recommend adjustment of status. You stated he has children in NM.  After you file

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Crazy Cat Grand Master

Crazy Cat   42,217

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he is currently in the US.

Do you realize that an I-130 confers no immigration benefits ?  Is your spouse in status right now?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

powerpuff Veteran

powerpuff   6,748

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted (edited)
3 minutes ago, Salvador&Julissa said:

Yes, he is currently in the US.

Yes, he can file I-485. You have to keep in mind that he cannot travel or work until he receives EAD/AP (taking 8.5 to 12 months currently) or a GC (depends on you local field office).

 

Is he currently on B2 visa?

Edited by powerpuff

 

 

Salvador&Julissa Rookie

Salvador&Julissa   5

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Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
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Posted
2 minutes ago, Crazy Cat said:

Do you realize that an I-130 confers no immigration benefits ?  Is your spouse in status right now?

I am not understanding the question if he is in status right now?

Crazy Cat Grand Master

Crazy Cat   42,217

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

I am not understanding the question if he is in status right now?

How did he enter the US?  When? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
3 minutes ago, powerpuff said:

Yes, he can file I-485. You have to keep in mind that he cannot travel or work until he receives EAD/AP (taking 8.5 to 12 months currently) or a GC (depends on you local field office).

 

Is he currently on B2 visa?

Yes, he came in with a visa to visit family. It hasn't expired.

Crazy Cat Grand Master

Crazy Cat   42,217

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he came in with a visa to visit family. It hasn't expired.

Does he plan to file the I-485 or does he plan to seek a spousal visa at his consulate?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

powerpuff Veteran

powerpuff   6,748

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
Just now, Salvador&Julissa said:

Yes, he came in with a visa to visit family. It hasn't expired.

You’re just going to have to make a choice on whether or not he is okay not traveling, not working and possibly not driving (depending on the state) for up to a year or possibly more. 

 

 

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
1 minute ago, Crazy Cat said:

How did he enter the US?  When? 

Oh. With a Visa given to him to visit family.  He would come and go and usually it would be for 3 to 6 months.  When he came in the last time I think it was in Jan 2022 and I met him Feb 2022 and we got married In June 2022. He was going to go back but we were told he could not come back with the visa so I applied for the I 130. 

Crazy Cat Grand Master

Crazy Cat   42,217

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 minutes ago, Salvador&Julissa said:

Oh. With a Visa given to him to visit family.  He would come and go and usually it would be for 3 to 6 months.  When he came in the last time I think it was in Jan 2022 and I met him Feb 2022 and we got married In June 2022. He was going to go back but we were told he could not come back with the visa so I applied for the I 130. 

He has been in the US for 8 months?  How long is he authorized to stay?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
2 minutes ago, powerpuff said:

You’re just going to have to make a choice on whether or not he is okay not traveling, not working and possibly not driving (depending on the state) for up to a year or possibly more. 

I am ok with that but not sure if he is. He does have a drivers license from New Mexico but I brought him to Colorado to live with me. 

Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
1 minute ago, Crazy Cat said:

He has been in the US for 8 months?  How long is he authorized to stay?

He was allowed to stay til the end of June. I'm sure if he leaves now there will be no issues, but I don't want him to go. I could travel back and forth while we wait I guess.

Boiler Grand Master

Boiler   46,057

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Is this a real lawyer or a notario

 

I assume he is currently out of status and deportable

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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