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DeviantKhan

Filing I-130 and I-485 at the same time prior to April 1st?

By DeviantKhan in IR-1 / CR-1 Spouse Visa Process & Procedures

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DeviantKhan Newbie

DeviantKhan   0

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Filed: IR-1/CR-1 Visa Country: Mexico
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I'll be pursuing a CR-1 spousal visa for my wife and CR-2 for her daughter, which was under 18 at the time of our marriage. I'm looking at submitting the I-130 form for both next week. Would it be beneficial to go ahead and complete the I-485 at the same time, and file them both together? I'm considering the increase in fees that go into effect April 1, 2024. Thoughts?

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pushbrk Grand Master

pushbrk   12,877

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Filed: Other Country: China
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Just now, DeviantKhan said:

I'll be pursuing a CR-1 spousal visa for my wife and CR-2 for her daughter, which was under 18 at the time of our marriage. I'm looking at submitting the I-130 form for both next week. Would it be beneficial to go ahead and complete the I-485 at the same time, and file them both together? I'm considering the increase in fees that go into effect April 1, 2024. Thoughts?

I-485 will never be filed in a spouse visa case, so no.

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OldUser Veteran

OldUser   6,636

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15 minutes ago, DeviantKhan said:

I'll be pursuing a CR-1 spousal visa for my wife and CR-2 for her daughter, which was under 18 at the time of our marriage. I'm looking at submitting the I-130 form for both next week. Would it be beneficial to go ahead and complete the I-485 at the same time, and file them both together? I'm considering the increase in fees that go into effect April 1, 2024. Thoughts?

I-485 can only be filed when the foreigner is in the US.

 

It does not apply for CR-1

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OldUser Veteran

OldUser   6,636

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1 hour ago, DeviantKhan said:

In this case, they are temporarily here on a visitor visa. Does it only apply to those that are on something like a work visa?

You can file I-485 for your wife to stay and adjust in the US if needed.

 

Bear in mind, this means she won't be able to travel outside of the US for a long while. She won't be able to work for a long while. Ensure she's OK with it first.

 

Also, bear in mind, hopefully she didn't have a plan of coming to the US and adjusting, because that would result in misrepresentation and inadmissability.

 

As to your stepdaughter, I cannot say for sure, but it seems like she's also eligible for AOS now, since she's under 21 and you were married to her mother before she was 18.

 

So you need to submit all the forms including but not limitrd to I-130, I-485, I-765, I-131 etc by mail.

 

The end result is - neither your wife or daughter will have visa. They'll get GC if they get approved here in the US.

 

If they plan going through consular processing overseas, you don't need I-485.

 

 

Edited by OldUser
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pushbrk Grand Master

pushbrk   12,877

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Filed: Other Country: China
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Your first post says you are seeking a CR1 visa.  Where is the daughter now?  Is she also in the USA?  Are their circumstances such that they can remain in the USA at least six to nine months without leaving and without working?

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OldUser Veteran

OldUser   6,636

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5 minutes ago, pushbrk said:

Your first post says you are seeking a CR1 visa.  Where is the daughter now?  Is she also in the USA?  Are their circumstances such that they can remain in the USA at least six to nine months without leaving and without working?

 

4 hours ago, DeviantKhan said:

In this case, they are temporarily here on a visitor visa.

 

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pushbrk Grand Master

pushbrk   12,877

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Filed: Other Country: China
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1 minute ago, OldUser said:

In this case, they are temporarily here on a visitor visa.

 

Missed the they.  My other question is still applicable.

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TBoneTX Grand Master

TBoneTX   45,267

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Filed: Citizen (apr) Country: Ecuador
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Upon review, this will be a visa case, so the thread is moved to the CR-1 Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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SteveInBostonI130 Experienced

SteveInBostonI130   3,434

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Filed: IR-1/CR-1 Visa Country: Ukraine
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14 hours ago, DeviantKhan said:

Wife will need to continue to work in her country. So, it looks like the simultaneous application isn't advisable. I appreciate the advice.

 

Then just file 2x I-130, one for your wife and one for your stepdaughter.   You will not need to file the I-485, now nor in the future.

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OldUser Veteran

OldUser   6,636

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19 hours ago, DeviantKhan said:

Wife will need to continue to work in her country. So, it looks like the simultaneous application isn't advisable. I appreciate the advice.

No, then I-485 forms are not required. Your wife and daughter should leave on time and go via consular processing. I-130 for each is OK. You need to check whether daughter will have to wait way longer due to visa bulletin and her category.

Edited by OldUser
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