US Citizen married to R-1 Visa holder

[2410Fenton 0]

Sorry if this has been answered but i have researched to the point of despair and cannot find a clear answer on my situation.

I am an Irish Citizen in the US on an R-1 visa and have married an American Citizen about 11 months ago.

My wife has just sent in form i-130 and we have received the receipt in return.

I am unsure of these 3 issues:

Do i need to file i-485 right now?

My stay in the us runs out (the initial allowed 3 out of 5 years on the visa) next march, can i stay in the US while the i-130 is pending or is that only if i have sent in i-485?

Can i apply for an EAD while my I-130 is pending (i know you can for the i-485 but assuming i don't send that in)

Any help would be appreciated and help reduce my pulling out of hair.

Thank you

[YuAndDan 153]

The procedure is to file I-130 AND I-485 together. I would file the I-485 now with copy of I-130 receipt notice. I-485 has check box "a" checked based on the I-130 petition.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

[Dr_LHA 3]

I am unsure of these 3 issues:

Do i need to file i-485 right now?

You don't "need" to send in I-485 (as you still have a valid R-1 I assume), however you can send in the I-485 right now with a copy of the I-130 receipt notice as evidence. You could have sent the two together, but that's besides the point as you already filed I-130!

My stay in the us runs out (the initial allowed 3 out of 5 years on the visa) next march, can i stay in the US while the i-130 is pending or is that only if i have sent in i-485?

That only applies if you have sent in the I-485.

Can i apply for an EAD while my I-130 is pending (i know you can for the i-485 but assuming i don't send that in)

You have to have filed AOS (I-485) to apply for an EAD. You should apply for the EAD at the same time as AOS, in the same envelope as EAD is included in the price of AOS now.

Edited August 15, 2007 by Dr_LHA

[2410Fenton 0]

Thank you so much. Good to have clarification. Not liking the looks of the fee on the i-485 though... but hey its worth it.

Thanks again.

[Dr_LHA 3]

Yeah, the new fees suck. Remember you need to get a medical done as well, so that is more $$$.