Advice on filing I-130 vs. I-1-30 & I-485

[Lemon Drops 0]

We are a Canadian and American couple, wondering if it is worth filing for the I-485 concurrently with the I-130?  Will the presence of the 485 impact the approval of the 130?  Does it create more intense scrutiny on the application or applicants?
Just looking for perspective on adjusting husband's Canadian tourist visa to the US to a Green Card, if that's more effective and quicker than submitting the I-130 when he leaves the country.

Thanks!

[Chancy 6,241]

On 11/18/2023 at 1:26 PM, Lemon Drops said:

Just looking for perspective on adjusting husband's Canadian tourist visa to the US to a Green Card, if that's more effective and quicker than submitting the I-130 when he leaves the country.

 

Is your husband currently in the US?  If so, are you both ok with him not being able to work or travel freely outside the US for around 8 months or more?

 

[Lemon Drops 0]

25 minutes ago, Chancy said:

 

Is your husband currently in the US?  If so, are you both ok with him not being able to work or travel freely outside the US for around 8 months or more?

 

Yes, currently in the US. And yes, we're okay with staying in the US and not working for 8 or more months.

Are those the main considerations? Can both forms we started and see what happens with the 485??

Thanks in advance 😄

[Lil bear 4,145]

5 minutes ago, Lemon Drops said:

Yes, currently in the US. And yes, we're okay with staying in the US and not working for 8 or more months.

Are those the main considerations? Can both forms we started and see what happens with the 485??

Thanks in advance 😄

Its either consular processing or adjustment of status.
 

If you file the I130 and I485 ….. and the recommended I765 work authorization and I 131 travel authorization.. and he then needs to leave the US before the I131 is granted, then the approved I130 Is still valid. You  can then request to proceed with the immigrant visa through the home country consulate. 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to What Visa Do I Need -- OP is looking for insights re: CR1 vs AOS route for husband currently in the US ***

 

18 minutes ago, Lemon Drops said:

Are those the main considerations? Can both forms we started and see what happens with the 485??

 

Ability to work and travel freely are the most significant considerations for me.  But of course, the deciding factors in your case would depend on your preferences and circumstances.

 

As for filing the I-485 -- because you are a US citizen and your husband is currently in the US, it would be a legal option for you two to submit the I-130 and I-485 concurrently while he is in the US.  Not much point comparing the processing times for CR1 vs AOS, as I-485 processing depends on the USCIS local field office backlog, and USCIS processing estimates for I-485 are notoriously inaccurate.

 

Edited November 22, 2023 by Chancy
clarification

[OldUser 6,464]

@Lemon Drops file all the forms (I-130, I-485, I-131, I-765 etc etc) together as one packet and adjust in the US.

 

The level of scrutiny does not depend on whether you file everything together or separately.

Edited November 22, 2023 by OldUser

[Lemon Drops 0]

12 hours ago, Chancy said:

it would be a legal option for you two to submit the I-130 and I-485 concurrently while he is in the US. 

 

Okay.  And if submitting the 485 AND the 130, that can be done when he is in the US?  I thought the I-130 needed to be submitting when he was out of the country.

[Lemon Drops 0]

12 hours ago, OldUser said:

@Lemon Drops file all the forms (I-130, I-485, I-131, I-765 etc etc) together as one packet and adjust in the US.

 

The level of scrutiny does not depend on whether you file everything together or separately.

So, youre offering a similar perspective to Chancy - file them all, together, while in the US.  We were under the impression the I-130 needed to be submitting when husband is out of the US.  What makes filing them all together change this stipulation, or were we misunderstanding.

[Chancy 6,241]

1 minute ago, Lemon Drops said:

if submitting the 485 AND the 130, that can be done when he is in the US?  I thought the I-130 needed to be submitting when he was out of the country.

 

The I-130 may be submitted from anywhere with internet access, regardless of where the petitioner or beneficiary is currently located.

 

The I-485 may only be submitted while the applicant (your husband) is in the US.  Once he leaves the US, filing the I-485 will no longer be a legal option for him.  There is no significant benefit to submitting the I-485 separately from the I-130 if your intention is for your husband to not return to Canada anytime soon.

 

[OldUser 6,464]

1 hour ago, Lemon Drops said:

So, youre offering a similar perspective to Chancy - file them all, together, while in the US.  We were under the impression the I-130 needed to be submitting when husband is out of the US.  What makes filing them all together change this stipulation, or were we misunderstanding.

I went through adjustment of status myself, so speaking from experience. Everything can be submitted together while in the US. This way you even would get sequential case numbers.