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I-485 and I-130, file together or separately?

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  • I-485 and I-130, file together or separately?

    Hello,

    my problem is as follows: I married a US citizen overseas and came to the country on my B2 visa. Now the visa is running out and we have to file a petition for a green card or I have to return to my country (overstaying the visa is not an option for us). We have a daughter together and currently she is getting her passport processed which has all the documents (marriage certificate and other various papers) stuck in the process. I am doubtful I would get them back in time to file for I-130 before my stay expires. Now, the I-485 does not need these documents, right? Can I just file for I-485 before my visa runs out and then follow it up with a I-130 once I have the supporting documents back? Or should they be filed together?

    Thanks for any input!

  • #2
    Originally posted by viisatu View Post
    Hello,

    my problem is as follows: I married a US citizen overseas and came to the country on my B2 visa. Now the visa is running out and we have to file a petition for a green card or I have to return to my country (overstaying the visa is not an option for us). We have a daughter together and currently she is getting her passport processed which has all the documents (marriage certificate and other various papers) stuck in the process. I am doubtful I would get them back in time to file for I-130 before my stay expires. Now, the I-485 does not need these documents, right? Can I just file for I-485 before my visa runs out and then follow it up with a I-130 once I have the supporting documents back? Or should they be filed together?

    Thanks for any input!
    Nope all have to be filed together.

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