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Should I file concurrently OR file and wait for I-130 approval?

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  • Should I file concurrently OR file and wait for I-130 approval?

    My (US citizen) husband and I (Canadian Citizen) are getting ready to file the I-130 and I-485. I came to the US on a student visa in 2010, met my husband in 2011, got engaged the summer before my F1 student visa expired (Oct 2012) and got married June 2013. I have also been working (and paying taxes, establishing credit history etc.) with the SSN I was given during my F1 visa.

    Should I file the I-130 and I-485 concurrently or should I wait until the I-130 is approved? I've heard that I-485 can be denied if I-130 takes longer and is still processing. Also, what does "semi-concurrent" filing mean?

    I don't want to take any chances and I'm willing to wait to minimize the risk - we've already been putting this off for a year anyway!

    Thanks for your help!

  • #2
    With all other requirements met (U.S. citizen petitioner; no history of immigration problems), I see no problem with filing them together. There is no hierarchy of approval of the I-130 before I-485, in the same package. They are processed together.

    --Ray B

    Originally posted by Rachel433 View Post
    My (US citizen) husband and I (Canadian Citizen) are getting ready to file the I-130 and I-485. I came to the US on a student visa in 2010, met my husband in 2011, got engaged the summer before my F1 student visa expired (Oct 2012) and got married June 2013. I have also been working (and paying taxes, establishing credit history etc.) with the SSN I was given during my F1 visa.

    Should I file the I-130 and I-485 concurrently or should I wait until the I-130 is approved? I've heard that I-485 can be denied if I-130 takes longer and is still processing. Also, what does "semi-concurrent" filing mean?

    I don't want to take any chances and I'm willing to wait to minimize the risk - we've already been putting this off for a year anyway!

    Thanks for your help!

    Comment


    • #3
      Originally posted by rayb View Post
      With all other requirements met (U.S. citizen petitioner; no history of immigration problems), I see no problem with filing them together. There is no hierarchy of approval of the I-130 before I-485, in the same package. They are processed together.

      --Ray B
      Thanks Ray!

      Comment

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