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Need advice regarding I-130 and I-485

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  • Need advice regarding I-130 and I-485

    I have questions about my case and my sister's case.

    Here is my case:

    I married a U.S Citizen last month. I am out of status right now so my husband is going to file for me. My question is should we submit I-130 alone or should we submit it along with I-485, I-765, and I-864. Which option is faster? I am in Texas so my case would be in TSC. I checked processing time online for TSC. It says 5 months for I-130, 4 months for I-485, and 3 months for I-765. I am confused because how come I-485 is faster than I-130. Doesn't I-130 has to approve first to process I-485? How does it work? I want to go with the faster option so I can get my EAD and start working.

    Here is my sister's case:

    My sister was out of status when she married a U.S citizen. Her husband filed I-130 in July 2012 and they have not received the approval yet. After mailing I-130, she got the letter in the mail that says her application has been accepted and she has been given a receipt # or case #. She checks the case status online. It says "Initial Review". My sister submitted her I-485, I-765, and I-864 few days ago. Should they have done I-130 and I-485 together? Is it going to be a longer process for her now or no? If so, how will her process take? Does she have to wait for I-130 approval before she gets her biometric appointment and interview? When would she get her EAD?

  • #2
    I think your best bet is to file all those documents at once ( I-130 I-485 & I-765 ) , The I-485 is to ensure you have a legal status while you are in the US, So just in case your 130 isn't processed within or before 6 months you won't be here illegaly. It would probably be faster but there really isn't any telling with immigration & their processing times, The times they give are usually estimates & could be processed before , after or somewhere near the time they state. I filed the I-130 & I-485 forms in early october of 2012, received my I-797 ( Notice of action ) within a week and a half( The 23rd) for both along with my biometrics appointment which I did in november. I filed the I-765 a bit later ( early november ) but received the notice of action (9th of november ) before my biometrics appointment which was on the 21st of Nov & I now currently await my work permit. As for your question about 130 being approved for the 485 to process i'm not completely sure so I will not comment. There really is no " faster option " though, Once you file, whichever you decide to file, you just have to wait until it's your time.
    Your sister should have probably filed those forms together all at once yes, As it would expedite the process, now that she has submitted the forms in parts at different dates I'm not sure the process, you may however call immigration customer services during the week & ask them what the result of her actions may be, the number may be found on the uscis website, Good luck!

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    • #3
      The best option is to file all those documents at together I-130 I-485 & I-765.
      But each documents should have its own supporting documents. (Example: Need a marriage cert for I-485 and I-130, don't submit one, prepare each seperate packet with its own evidence and put in one envelope and mail).

      Once USCIS received, you will get the receipt and soon you get biometric appointment, interview letter etc.

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