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my status-I-130 and I-485

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  • my status-I-130 and I-485

    My fiance and I are getting married on Thursday. When can we file I-130? Can we file I-130 and I-485 at the same time?
    Also, I am in the US on a student visa and attending school. If I drop my classes this semester, can I remain in status after filing only I-130 or after I have filed I-485?

    Thanks

  • #2
    Assuming your fiancee is an US citizen.

    You need to file I-130 and I-485 TOGETHER (along with all of the other required forms: i-864, g-325a, etc and have the medical exam I-693 done).

    You should also file for i-751 and i-131 (they come free with the I-485).

    You will be able to drop out of classes as soon as you get your I-485 receipt and you will be able to travel ONLY when you get your Advance Parole document (i-131).
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thank you for the quick response. Yes, my fiance is a US citizen.
      After we have filed all the necessary forms, what is the next step? What is the usual wait time for an interview? I am asking this because there is a possibility that my fiance may not be in the US. What happens in that case?

      Thanks

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