Jump to content
Salvador&Julissa

Filing I 485 while awaiting I 130 approval

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

 Share

68 posts in this topic

Recommended Posts

Salvador&Julissa Rookie

Salvador&Julissa   5

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

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

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

Link to comment
Share on other sites
  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

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

Posted Images

Crazy Cat Grand Master

Crazy Cat   41,836

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, Salvador&Julissa said:

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.

He's out of status!!!!!!!  He is subject to detention and removal.  I suggest he make a decision asap.

"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.. 
 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,836

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

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

If he leaves now, he will not incur a ban.  However, his visitor visa is voided.  I suggest he either leave or immediately file an I-485.

"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.. 
 

Link to comment
Share on other sites
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's out of status!!!!!!!  He is subject to detention and removal.  I suggest he make a decision asap.

A decision like to file the I 485?

Link to comment
Share on other sites
powerpuff Veteran

powerpuff   6,697

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
1 minute ago, Salvador&Julissa said:

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

So why didn’t you file both I-130 and I-485? You filed I-130 in July and it’s already end of September 

 

Furthermore, your profile says IR1/CR1 which is a spousal visa and you posted in IR1/CR1 spousal visa forum. Everyone is understandably confused 

 

 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,836

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

A decision like to file the I 485?

Yes.  Once he files a proper I-485, he will be granted authorized stay in the US until it is either approved or denied.  But, as @powerpuff stated, he cannot work or travel outside the US until authorized. 

"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.. 
 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

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

If he leaves now, he will not incur a ban.  However, his visitor visa is voided.  I suggest he either leave or immediately file an I-485.

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. 

Link to comment
Share on other sites
powerpuff Veteran

powerpuff   6,697

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

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. 

I’m lost as to why your attorney has not advised you to file I-485 a long time ago. 

 

 

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

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

So why didn’t you file both I-130 and I-485? You filed I-130 in July and it’s already end of September 

 

Furthermore, your profile says IR1/CR1 which is a spousal visa and you posted in IR1/CR1 spousal visa forum. Everyone is understandably confused 

Isn't IR 1 for a spouse of a US Citizen? Now I am confused. I am sure attorney said IR 1

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,836

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

That once we got married, his visa is voided.

If your attorney said that, then he/she is an idiot.  The visa was voided the minute he overstayed.  In addition, the attorney SHOULD have advised him to either leave immediately or submit an I-485.

"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.. 
 

Link to comment
Share on other sites
powerpuff Veteran

powerpuff   6,697

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

Isn't IR 1 for a spouse of a US Citizen? Now I am confused. I am sure attorney said IR 1

IR1 and CR1 are for spouses of US citizen who are going through the process abroad at a US consulate….

 

 

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,467

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

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

“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.”

Link to comment
Share on other sites
Salvador&Julissa Rookie

Salvador&Julissa   5

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
Just now, powerpuff said:

I’m lost as to why your attorney has not advised you to file I-485 a long time ago. 

He said we filed the I 130 online and that we need to send in the I 485 to the Office who gets our file

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,836

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

He said we filed the I 130 online and that we need to send in the I 485 to the Office who gets our file

FIRE THAT ATTORNEY TODAY!!!

"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.. 
 

Link to comment
Share on other sites
powerpuff Veteran

powerpuff   6,697

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted (edited)

~~ Topic moved from IR1/CR1 spousal visa forum to Adjustment of status (AOS) from work/tourist/student visas as that was the internation for the beginning ~~

Edited by powerpuff

 

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...