Cons of filing I-130 and I-485 separately

[immiblues]

Hello,
Are there any reasons why one SHOULD NOT file the I-130 and I-485 separately? My wife (US Citizen) and I (H1-B, valid until 2009) are filing without the help of a lawyer and want to handle my green card filing in small steps instead of filing everything and possibly getting something wrong. We're also not sure if I want to apply for a AP or Employment Authorization yet. We don't want any of this thought process to delay things and would like to get the I-130 out of the way.

Suggestions will be appreciated,
Thanks in advance!

[yandresyuk]

The only reason for filing I-130 and I-485 together would be if the person's status is running out, however, since your wife has a valid visa you would be perfectly ok with filing I-130 and I-485 separately

[curiousone]

Hello,
Are there any reasons why one SHOULD NOT file the I-130 and I-485 separately? My wife (US Citizen) and I (H1-B, valid until 2009) are filing without the help of a lawyer and want to handle my green card filing in small steps instead of filing everything and possibly getting something wrong. We're also not sure if I want to apply for a AP or Employment Authorization yet. We don't want any of this thought process to delay things and would like to get the I-130 out of the way.

Suggestions will be appreciated,
Thanks in advance!

There is no obligation to file both. But there really is no value either to not filing both. Except for the costs and filing the extra forms, theres nothing to it. Plus, if you do not file the I-485, then you have to go for consular processing in your home country.

[immiblues]

There is no obligation to file both. But there really is no value either to not filing both. Except for the costs and filing the extra forms, theres nothing to it. Plus, if you do not file the I-485, then you have to go for consular processing in your home country.

If we still are planning on filing the I-485 later this year why would I have to go back home for consular processing?

[curiousone]

If we still are planning on filing the I-485 later this year why would I have to go back home for consular processing?

well if your eplanning to file the I-485 , why would u not do it with the I-130?
Im just tryinh to understand the value in filing them separately

[immiblues]

well if your eplanning to file the I-485 , why would u not do it with the I-130?
Im just tryinh to understand the value in filing them separately

Mostly because:

1. We are not hiring a lawyer and want to handle this in small discrete milestones. Filing everything together seems like something one could go wrong with. The I-130 is simple and straightforward.

2. I am not sure if I want to apply for AP or EAD along with the 485 and would like to get the I 130 out of the way while we take that decision.

[yandresyuk]

There is nothing that requires you to file for AP and EAD