Applying to I-485 & I-130 concurrently filling for my fiance as a Green Card Holder.

[Vandelayindustries]

Hi, i?m a green card holder (EB1) since january this year,

I?m planing to concurrently filling I-130 and I-485, plus I-765/I-131 at the same time for my fisnce.

She?s under a 10 year B1/B2, and i?m planing to merry her here in the states (90 days after her entry)...Would it be ok to fill concurrently filling for her being a green card holder (non US citizen{? I want her to remain with me in the US while

Some people have told me being a GC holder is not possible to fill a I-485 before having a Visa number available (I-130 approved), is that correct? Due to the fact she?s under a non immigrannt visa with 6 months stay could be difficult.

Thanks,

[newacct]

Hi, i?m a green card holder (EB1) since january this year,

I?m planing to concurrently filling I-130 and I-485, plus I-765/I-131 at the same time for my fisnce.

She?s under a 10 year B1/B2, and i?m planing to merry her here in the states (90 days after her entry)...Would it be ok to fill concurrently filling for her being a green card holder (non US citizen{? I want her to remain with me in the US while

Some people have told me being a GC holder is not possible to fill a I-485 before having a Visa number available (I-130 approved), is that correct? Due to the fact she?s under a non immigrannt visa with 6 months stay could be difficult.

Thanks,

I-485 cannot be filed until a visa number is available for her category and priority date. A spouse of a permanent resident is in the F2A category, which has a wait for visa numbers of around 2 years (although in some months, it's possible to file I-485 under the Date for Filing chart which could be as soon as 9 months after filing). (Note that this is different from the I-130 being approved -- the I-130 will be approved in a few months, but the I-130 approval doesn't allow her to file anything; she still has to wait until a visa number is available.) Her B2 status of 6 months will not last her until a visa number becomes available, and she cannot file I-485 in her category if she is out of status, so she will have to leave and do Consular Processing abroad.

If you guys had married before you became a permanent resident (i.e. before your I-485 was approved), she would be able to immigrate as you derivative beneficiary now with little to no wait, but it's too late for that.

[kaylip]

It will be too risky to do that since you're not yet a citizen. On the B2 visa she has a 6 months authorized stay & because you're not granted the exemptions citizens have when filing for immediate relatives, if u do file adjustment of status forms you'll have to wait for a priority date first until a visa becomes available for the i130 (which takes 2 years tops) and she will fall out of status & risk deportation. Consular processing may be the best route.If u can apply for naturalization soon, do so then you can bring her over on K1/ Fiance visa.

[azblk]

Newacct is right. Without a visa number you CAN NOT file concurrently as the spouse of a LPR. She will have to wait until you become a citizen or return home and go through consular processing. You could try to get a student visa so she could go to school while waiting for her priority date to become current.

[Vandelayindustries]

I-485 cannot be filed until a visa number is available for her category and priority date. A spouse of a permanent resident is in the F2A category, which has a wait for visa numbers of around 2 years (although in some months, it's possible to file I-485 under the Date for Filing chart which could be as soon as 9 months after filing). (Note that this is different from the I-130 being approved -- the I-130 will be approved in a few months, but the I-130 approval doesn't allow her to file anything; she still has to wait until a visa number is available.) Her B2 status of 6 months will not last her until a visa number becomes available, and she cannot file I-485 in her category if she is out of status, so she will have to leave and do Consular Processing abroad.

If you guys had married before you became a permanent resident (i.e. before your I-485 was approved), she would be able to immigrate as you derivative beneficiary now with little to no wait, but it's too late for that.

Thanks so much newacct! Could you please explain the difference between I-130 being approved, Visa number and priority date? Are these two separate things that should occur in a specific order before applying to I-485? I'm trying to understand: Let's say she comes to the US and stays 6 months under B1/B2 and leaves before her I-94 expires...Could we get married and fill right away just I-130 with consular processing? (In the US or overseas). Do you think she could come to visit me to the US even while the I-130 is pending? She has also C1/D from her job, would she potentially have any trouble to enter to the country? We'd like to obviously avoid any overstay.

Unfortunately I didn't't know about all of this. We've been together for over 10 years now.

Thanks!

[Vandelayindustries]

It will be too risky to do that since you're not yet a citizen. On the B2 visa she has a 6 months authorized stay & because you're not granted the exemptions citizens have when filing for immediate relatives, if u do file adjustment of status forms you'll have to wait for a priority date first until a visa becomes available for the i130 (which takes 2 years tops) and she will fall out of status & risk deportation. Consular processing may be the best route.If u can apply for naturalization soon, do so then you can bring her over on K1/ Fiance visa.

Yes, Thanks so much for your help! So, could you please help me to figure out a possible timeline? Let's say she could come and visit and avoid overstay with B1/B2 until she gets a I-130 approves, priority date and a Visa number available, could she in the case enter to the US and then fill I-485 and remain safely in the US?

Thanks!

[Vandelayindustries]

Newacct is right. Without a visa number you CAN NOT file concurrently as the spouse of a LPR. She will have to wait until you become a citizen or return home and go through consular processing. You could try to get a student visa so she could go to school while waiting for her priority date to become current.

Thanks so much for replying! Do you think she could apply for a student visa BEFORE applying to I-130?

Thanks!

[azblk]

Thanks so much for replying! Do you think she could apply for a student visa BEFORE applying to I-130?

Thanks!

She needs to find a school and program she is interested in first and then begin the process. She has to genuine student and not just using the her f-1 status as a way to be in the US while waiting on her priority date to become current. It is better to apply for student visa before filing i-130 as i-130 signals immigrant intent so it will make it harder to acquire a student visa.

[newacct]

Thanks so much newacct! Could you please explain the difference between I-130 being approved, Visa number and priority date? Are these two separate things that should occur in a specific order before applying to I-485? I'm trying to understand: Let's say she comes to the US and stays 6 months under B1/B2 and leaves before her I-94 expires...Could we get married and fill right away just I-130 with consular processing? (In the US or overseas). Do you think she could come to visit me to the US even while the I-130 is pending? She has also C1/D from her job, would she potentially have any trouble to enter to the country? We'd like to obviously avoid any overstay.

Unfortunately I didn't't know about all of this. We've been together for over 10 years now.

Thanks!

For family-based categories, the priority date is the date the I-130 was filed. Each month's visa bulletin shows which priority dates for each category a visa number is now available for, and from how far back that date is, you can estimate the wait time for visa numbers in that category. The I-130 will usually be approved much sooner than a visa number becomes available.

For Consular Processing, you need both the I-130 approved and a visa number close to being available (Date for Filing chart) before they will proceed with Consular Processing. They will not give you the actual immigrant visa until a visa number is actually available (Final Action Date chart).

For Adjustment of Status, you don't need the I-130 to be approved to file I-485. Whether you can file I-485 a given month with your priority date is determined by USCIS's chart. Some months they use the Date for Filing chart and some months they use the Final Action Date chart from the Department of State. The I-485 cannot be finally approved until a visa number is actually available (Final Action Date chart).

She can come as a visitor and get married and leave. That's perfectly fine. The petition can be filed as soon as you are married. She could try to come visit after marriage, but being married to a US permanent resident and/or being the beneficiary of a pending or approved petition can make it more likely for her to be denied entry.

[Vandelayindustries]

I-131 Petition for Relative from a Green Card Holder

Hey, it's me again.

Thanks so much for all your answers!

So, it looks like we're gonna have to go through Consular processing...So I have another couple of questions:

- If I fill I-131 for my spouse and she has to wait until the petition gets approved and having a Visa available...Would she be able to come to visit me as B1/B2 (obviously under the months allowed given at the port of entry)?
- Also, when the Petition gets approved and having the Visa number and/or available already, is it possible to apply from the US via I-485 (COS)?

Thanks so much!

[newacct]

Hey, it's me again.

Thanks so much for all your answers!

So, it looks like we're gonna have to go through Consular processing...So I have another couple of questions:

- If I fill I-131 for my spouse and she has to wait until the petition gets approved and having a Visa available...Would she be able to come to visit me as B1/B2 (obviously under the months allowed given at the port of entry)?

You mean the I-130 petition? It might be harder for her to enter with a pending petition.

- Also, when the Petition gets approved and having the Visa number and/or available already, is it possible to apply from the US via I-485 (COS)?

She is not supposed to enter no most types of nonimmigrant visas, including visitor or student visas, with the intent to do AOS while there. Only if she can get H1b or L1 work visas would she be able to enter with the intent to do AOS while there.