Concurrent filing of I-130 and I-485

[xanamorphine]

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.

I see.

I just found out that my visa type (Q2) does not allow me to file from China, so I might have to file in the US after all.

So I send in the I-130 and supporting documents. They approve it after the wait. After the approval do I need to be in the US to sign stuff? Lke the biometric stuff?

What's the next step in the process? Sending the Affidavit of Support? And after that is approved she will be scheduled for an interview? And she will bring along her other documents? Is this the right order?

So after the entire process, she will get the immigrant visa and receive her green card upon entry? And after that there is no more need for I-485, correct?

Thank you for your time again~

[newacct]

I see.

I just found out that my visa type (Q2) does not allow me to file from China, so I might have to file in the US after all.

So I send in the I-130 and supporting documents. They approve it after the wait. After the approval do I need to be in the US to sign stuff? Lke the biometric stuff?

What's the next step in the process? Sending the Affidavit of Support? And after that is approved she will be scheduled for an interview? And she will bring along her other documents? Is this the right order?

So after the entire process, she will get the immigrant visa and receive her green card upon entry? And after that there is no more need for I-485, correct?

Thank you for your time again~

Yes. The whole process can take a year or so from filing the I-130 to getting the immigrant visa. You don't have to be in the US, but you need to be domiciled in the US for the Affidavit of Support, so you should plan to move back to the US before or at the same time as her.

[xanamorphine]

Yes. The whole process can take a year or so from filing the I-130 to getting the immigrant visa. You don't have to be in the US, but you need to be domiciled in the US for the Affidavit of Support, so you should plan to move back to the US before or at the same time as her.

I see. Thank you. I will have my dad as a joint sponsor, and we will live with them when we first move back, so that counts as being domiciled in the US correct?

I will have my dad as a joint sponsor, and we will live with my parents when we first go back. I read somewhere that I might need to write a plan for after we move to the US, is that nencessary in my case?

We spoke with the USCIS office in Beijing and turns out we can file in that office after all, so we have a meeting with them to turn in our forms and documents next Thursday.

Here's our checklist, could you please tell me if something is missing?
1) Completed and signed I-130, will bring payment to the meeting
2) Completed and signed I-130A
3) Proof of bona fide marriage (photos dating back two years, photos with family, 2 signed and translated affidavits from third party, and WeChat chatlogs dating back two years)
4) Notarized and translated marriage certificate
5) Copies of every page of both of our passports, and the originals as well
6) 2 passport photos for us both

Thank you so much again, we really appreciate it