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Buying time for I 864

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  • Buying time for I 864

    Hai, good evening to u all. My doubt is, instead of filing concurrently, if I file I 485 and I 130 ,separately, will it buy me some time to Find a sponsor for my I 864? Thank you

  • #2
    Yes. You can file I-130 now, and then file I-485 (and for EAD and AP) at any point after with a copy of the receipt notice for the I-130. Do not leave the US until after you have filed the I-485 and received AP (about 4 months after).
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

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    • #3
      Filing i-130 on its own does do anything for you status-wise and if you are out of status you have just alerted the USCIS and by extension ICE of your whereabouts.
      Last edited by azblk; 01-18-2018, 03:29 PM.

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      • #4
        Originally posted by Bannu View Post
        Hai, good evening to u all. My doubt is, instead of filing concurrently, if I file I 485 and I 130 ,separately, will it buy me some time to Find a sponsor for my I 864? Thank you
        You can file I-130 and I-485 separately, but there is no benefit to doing so instead of waiting until you are ready to file I-485 to file both I-130 and I-485. Filing I-130 by itself doesn't make it go any faster (since I-130 and I-485 can be filed concurrently anyway) and doesn't give you any protection against deportation (only filing I-485 does that) and doesn't allow you to apply for EAD or AP (only filing I-485 does that); it just lets the government know you are here, potentially out of status.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          U saved me

          U saved me from committing a big mistake.
          Ur help will not be forgotten.
          Originally posted by newacct View Post
          You can file I-130 and I-485 separately, but there is no benefit to doing so instead of waiting until you are ready to file I-485 to file both I-130 and I-485. Filing I-130 by itself doesn't make it go any faster (since I-130 and I-485 can be filed concurrently anyway) and doesn't give you any protection against deportation (only filing I-485 does that) and doesn't allow you to apply for EAD or AP (only filing I-485 does that); it just lets the government know you are here, potentially out of status.
          - - - Updated - - -

          Thank u so much for alerting me and saving me.
          Originally posted by azblk View Post
          Filing i-130 on its own does do anything for you status-wise and if you are out of status you have just alerted the USCIS and by extension ICE of your whereabouts.

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