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  • green card-marriage

    Hello everybody,
    here is my situation:

    i'm italian,my husband is USC. we married in italy more than 2 years ago.
    we just moved to the states,and he filled I130 petition (plus G325)for me.
    did i have to file the form I485 concurrently with the I130?
    or do i have to wait for an available immigrant visa number,before i send the I485?

    besides i've already did the medical examination, and i'm afraid that it will expire soon if i wait to long before i send that paper. what should i do?

    now that i sent the I130 (they sent me the notice of action some days ago),can i stay in the states with no problems,even if my authorized stay(tourist permission) will expire on the first december?

    i appreciate if someone could help me.

  • #2
    BOth of you should have processed I-130 at US embassy in italy during the 2 years you stayed in Italy. It only takes 2-3 months there. Now it will take much longer( upto a year). And you have this problem of I-485. Are You
    in US on a visa waiver that allows you a 90 days stay? There are three options;
    1. Cancel the US processing, both of you go back to italy and your husband files at the embassy in italy. It will be quick, 2-3 months and you can return with an immigrant visa in hand.
    2, Follow the current US filing and processing, only you leave for italy and get the visa at the embassy in italy.Takes much longer.
    3. File I-485 and an app. for employment authorization now, and stay in US beyond your 90 day stay,
    ( there is no visa number wait for spouse of a USC). You can start work right away with your employment authorization which you will receive fast but the actual interview may take upto a year or more depending on where you live in US.
    Also, this may be a bit risky, because immigration can create problems at the time of interview in US; you entered with an immigrant intent while visa waiver is
    only for non-immigrant purpose.


    Originally posted by puppyste
    Hello everybody,
    here is my situation:

    i'm italian,my husband is USC. we married in italy more than 2 years ago.
    we just moved to the states,and he filled I130 petition (plus G325)for me.
    did i have to file the form I485 concurrently with the I130?
    or do i have to wait for an available immigrant visa number,before i send the I485?

    besides i've already did the medical examination, and i'm afraid that it will expire soon if i wait to long before i send that paper. what should i do?

    now that i sent the I130 (they sent me the notice of action some days ago),can i stay in the states with no problems,even if my authorized stay(tourist permission) will expire on the first december?

    i appreciate if someone could help me.
    Last edited by peace; 11-19-2006, 07:04 PM.

    Comment


    • #3
      Thank you so much for answer..

      when we were in italy we filled I130 and G325. they approve them but it was only the first step.
      once we arrived here we decided to stay,so i call the embassy in italy to recission my application.

      now, i will fill I485, I765 and I693 as you say. can i do that even if i havent done a biometric appointment yet?

      if they deny my application, am i going to lose the money?i guess so...

      what about the affidavit of support I864?do i have to send it with the other forms?

      i really appreciate your help.

      Comment


      • #4
        YOu should not have withdrawn your application in italy.
        Follow the directions on this page to send all that is required;



        Originally posted by puppyste
        Thank you so much for answer..

        when we were in italy we filled I130 and G325. they approve them but it was only the first step.
        once we arrived here we decided to stay,so i call the embassy in italy to recission my application.

        now, i will fill I485, I765 and I693 as you say. can i do that even if i havent done a biometric appointment yet?

        if they deny my application, am i going to lose the money?i guess so...

        what about the affidavit of support I864?do i have to send it with the other forms?

        i really appreciate your help.

        Comment

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