Concurrent filing of I-130 and I-485

[xanamorphine]

Hello guys, newbie here.

I am planning to apply for my wife after New Year's, I've been reading up a lot on the process and procedures, and I have one small question.

I am a USC, my wife is currently in China, can I still file I-130 and I-485 at the same time?

Thank you for your help!

[miiki]

No. You must be in the US to adjust status. If you are outside the US, you would file I-130. After that is approved, then you would file DS-260. She must remain outside of the US for the whole process, and it’s not a quick one.

[xanamorphine]

No. You must be in the US to adjust status. If you are outside the US, you would file I-130. After that is approved, then you would file DS-260. She must remain outside of the US for the whole process, and it’s not a quick one.

I see, thank you. My wife has a b1/b2 tourist visa with a 6 month stay limit, would she be able to come and file both while she is in the US and wait in the US?

[newacct]

I see, thank you. My wife has a b1/b2 tourist visa with a 6 month stay limit, would she be able to come and file both while she is in the US and wait in the US?

She will be denied entry if they suspect she might file I-485 while in the US.

[xanamorphine]

She will be denied entry if they suspect she might file I-485 while in the US.

Ok thank you. So what are other cases where people enter the US first? On employment visas or they get married in the US?

And also, in the case that she is not denied entry to the US, can we then file concurrently and have her wait in the US? And what if her stay expires in 6 months? Or can she go to the US, file both concurrently, and then return to China to wait?

Thank you for any and all help!

[azblk]

Ok thank you. So what are other cases where people enter the US first? On employment visas or they get married in the US?

And also, in the case that she is not denied entry to the US, can we then file concurrently and have her wait in the US? And what if her stay expires in 6 months? Or can she go to the US, file both concurrently, and then return to China to wait?

Thank you for any and all help!

yes if she is allowed to enter she can you file concurrently.

[miiki]

I think most get married in the US. If she is allowed entry to the US, then yes, she can file concurrently. She is considered in status as long as her application is pending. She does not have to go back to China to wait. Leaving without getting permission (advanced parole) would cause her application (and the fees) to be abandoned.

[xanamorphine]

I think most get married in the US. If she is allowed entry to the US, then yes, she can file concurrently. She is considered in status as long as her application is pending. She does not have to go back to China to wait. Leaving without getting permission (advanced parole) would cause her application (and the fees) to be abandoned.

Yea this is where we had a misstep, the whole process would be much easier if we got married in the US right?

And ok! Let me see if I understand correctly. So she has a b1/b2 tourist visa, if she can enter the US then we can file? (I don't see this being a problem because she's entered mutiple times without any issues.) And she's allowed to stay in the US? Are there other forms we have to file because she's on a tourist visa? And also, she's allowed to enter the US because they don't see any immigration intent, but if we file while she's in the US doesn't that mean she entered the US under false pretenses? Would this affect the application at all?

What if the duration of her visa (6 months) expires before we get any news about our application?

Thank you for everyone's help! I just have all these quetsions that I want to get clear answers about!

- - - Updated - - -

yes if she is allowed to enter she can you file concurrently.

Thank you! It would be great if you wouldn't mind looking at the last post I made with a load of questions!

And happy Thanksgiving to all~

[azblk]

And also, in the case that she is not denied entry to the US, can we then file concurrently and have her wait in the US? And what if her stay expires in 6 months? Or can she go to the US, file both concurrently, and then return to China to wait?

Thank you for any and all help!

If she is let in then can file and wait here. Even if her authorized stay(i-94) expires she can still stay with no problems until case is decided.

[xanamorphine]

If she is let in then can file and wait here. Even if her authorized stay(i-94) expires she can still stay with no problems until case is decided.

Ok, thank you very much. So immigration intent doesn't matter? Or it will affect her case since if she's let in under the assumption that she's not going to immigrate but if she files while she's in the US that means she got into the US under false pretenses?

[newacct]

Ok, thank you very much. So immigration intent doesn't matter? Or it will affect her case since if she's let in under the assumption that she's not going to immigrate but if she files while she's in the US that means she got into the US under false pretenses?

Immigrant intent doesn't matter for AOS in her category.

[xanamorphine]

Immigrant intent doesn't matter for AOS in her category.

Hi thank you for your answer and I hope you had a nice thanksgiving. We may try it, but from consulting friends who have done this and the people from USCIS recommend against it. So we still have to decide on this.

I am a USC residing in China for the past year and a half on a Q2 ten year visa. I recently learned that I can file the I-130 in the Chinese branches of USCIS.

I am currently filling out the I-130. I do NOT file the I-864 (financial support) form with I-130, correct?

I DO have to include I-130, I-130a, G-325A, copy of my passport, copy of my wife's passport, notarized marriage certificate, 2x passport photos of us, my wife's I-94 entrance/departure form, G-1145 E-notification form and proof of our marriage

Could you please take a look and see if I missed anything?

Again, thank you so much for your time and help. We really appreciate it! This really saves us a lot of money by not needing a lawyer to file for us.

[newacct]

I am a USC residing in China for the past year and a half on a Q2 ten year visa. I recently learned that I can file the I-130 in the Chinese branches of USCIS.

If she's doing consular processing abroad, then yes, Direct Consular Filing could make the process faster.

I am currently filling out the I-130. I do NOT file the I-864 (financial support) form with I-130, correct?

Correct

I DO have to include I-130, I-130a, G-325A, copy of my passport, copy of my wife's passport, notarized marriage certificate, 2x passport photos of us, my wife's I-94 entrance/departure form, G-1145 E-notification form and proof of our marriage

Could you please take a look and see if I missed anything?

G-325A is not used anymore. I-94 is not needed (I-94 doesn't exist when she's outside the US anyway.)

[xanamorphine]

If she's doing consular processing abroad, then yes, Direct Consular Filing could make the process faster.


Correct



G-325A is not used anymore. I-94 is not needed (I-94 doesn't exist when she's outside the US anyway.)

Thank you so much! I think we will just file in China since I am living here at the moment anyway.

And ok, I wasn't aware G-325A doesn't exist anymore.

So is the process like this -
1) File i-130 and supporting documents and forms and fees (can I pay the fees online?)
2) Wait for receipt notification
3) Notification to provide biometrics? (if I file at the USCIS in China can I just do it in China?)
4) Wait for approval (hopefully ha)
At this point, will there be an interview for my wife? Or do we file I-485 and I-864 at this point?
We'd like to go to America ASAP, so can she enter the US when I-130 is approved? Or does we have to adjust status outside of the US before she can enter?

Thank you!

[newacct]

Thank you so much! I think we will just file in China since I am living here at the moment anyway.

And ok, I wasn't aware G-325A doesn't exist anymore.

So is the process like this -
1) File i-130 and supporting documents and forms and fees (can I pay the fees online?)
2) Wait for receipt notification
3) Notification to provide biometrics? (if I file at the USCIS in China can I just do it in China?)
4) Wait for approval (hopefully ha)
At this point, will there be an interview for my wife? Or do we file I-485 and I-864 at this point?
We'd like to go to America ASAP, so can she enter the US when I-130 is approved? Or does we have to adjust status outside of the US before she can enter?

Thank you!

There is no I-485. That's for Adjustment of Status, which is the process of getting permanent residency from inside the US. She is doing Consular Processing abroad; she will not adjust status. At the end of the Consular Processing process she will get an immigrant visa at the US consulate in China, and when she enters the US with that immigrant visa she will immediately be a permanent resident.

Affidavit of Support will be requested from you during the process. Things like the medical, interview, etc. will be part of her immigrant visa processing.

A pending or approved I-130 doesn't give her any ability to enter or stay in the US. She can try to visit on a visitor visa and then leave, like any other foreigner, but it may be hard to overcome the presumption of immigrant intent at this point.