Can I file I-485 AOS, a month after I file the I-130 even though the approval has not arrived yet?

[Tradewind 6]

I plan to file the I-130 immediately and wait a month or so to get the rest of information including money together. Is it going to be a problem not filing them together?. The main reason not to file together is the outlay of all of the money all at once.

I see a problem that if my wife's b2 runs out without filing the I-485 then we could have problems.

Here is the timeline I would like to follow

Entry date July 22

File I-130 September 10

File I-485 and I-864 November 1

B2 visa runs the 6 months on January 20, 2014

I understand it might be better to file together but not sure. Can I file the I-485 without the approval coming in from the I-130

The reason I am in hurry to file the I-485 is to stop the b2 visa from running out. Yes it is a bit of a money issue. If I file the I-130 the it may not be approved until after the B2 runs out and then we are in trouble.

Your thoughts would be appreciated. Thanks

Edited July 31, 2013 by Tradewind

[Hypnos 6,576]

Filing an I-130 by itself does nothing for someone already present in the US. It does not protect their status in any way, or prevent them from going out of status. Whilst you certainly could file the I-130 first and then the I-485 down the line, there is absolutely no point in doing so.

Only filing an I-485 grants someone legal presence which persists until their application is finally adjudicated.

[hmh33 117]

The best thing to do is to save until you can afford the fees to submit the package together (I-130 + I-485). You can use the time until then to prepare the forms and supporting documents so you have everything ready to go when you have enough money for the fee.

However, if for whatever reason you *do* end up filing the I-130 before the I-485, when you do ultimately file the I-485 you should include a copy of the receipt notice from the I-130, and then the applications will be treated as concurrent from then on. That is, you don't have to wait until the I-130 is approved.

But overall it's faster and more efficient to submit them together.

[deeder 1]

Thats what we did and we are now being told to wait unitl i130 is approved..After I was told to go ahead and file it.... its been almost 7 months now..I think we will keep our money in our pocket until the approval... still havent heard anything either way. I say do what you need to do.. with the filing..keep in mind it may go faster with everything filed together. Who knows what kind of order they are approving cases right now.. good luck to you!

Edited July 31, 2013 by deeder

[Tradewind 6]

Filing an I-130 by itself does nothing for someone already present in the US. It does not protect their status in any way, or prevent them from going out of status. Whilst you certainly could file the I-130 first and then the I-485 down the line, there is absolutely no point in doing so.

Only filing an I-485 grants someone legal presence which persists until their application is finally adjudicated.

The point in doing it now is that we will mentally I feel good for getting the process started. I have everything ready to go with the I -130. The police report ordered from Panama will take 1-2 months according to the consulate so we have to wait to file the I-485.

We have plenty of time until January 20, 2014.

Much thanks for your advice.

[hmh33 117]

Forgive me if you know this already, but for I-485 adjustment of status applicants it is only necessary to order police reports if the immigrant has a criminal record. Otherwise, no need to wait for that to arrive.

[Tradewind 6]

Forgive me if you know this already, but for I-485 adjustment of status applicants it is only necessary to order police reports if the immigrant has a criminal record. Otherwise, no need to wait for that to arrive.

Wow. I thought police were required in all countries you lived in for at least 6 months. Really, no police report required period, is that what you are saying. If so really good news.

My wife has no criminal record. I believe she did a police report in Panama when she got her B2.

[hmh33 117]

Indeed. That's one of the differences between adjustment of status and consular processing for an immigrant visa.