I-130

F

fwc107

New Member
Hi Everyone,

This seems like a very nice and helpful forum, and I just came across it today. I wish I came across it earlier. It would have helped a lot.

My husband and I got married in the US. He is a US-born citizen. I am a Canadian citizen. He filed for the I-130 to petition for me, but we did not know that we could file I-485 together with it at the same time. (I actually just found that out today, wandering through this forum.)

We received a letter that states that we need to go to an office with any and all identification, proof of residence, proof of relationship of shared life, and that we both must appear. It doesn't state that it is an interview, however for those of you who know, is this the interview that everyone needs to go through? I am a little confused because I thought the interview doesn't happen until you file your I-485 and that the I-130 is approved via mail. Could anyone please explain this to me?

Now, another question, I just read that my husband filing for an I-130 for me doesn't mean that my status is pending here in the US and that I am okay to be here. I read on this forum that the I-485 would be required for that. Am I okay or not?

I am really confused but really happy to have stumbled across this forum. I thank you all in advance for your help.
 
The I-130 is just the petition, it does not change your status, you can work and travel with your old visa, the minute you file the I-485, your status automatically changes to I-485 pending, and you need to apply for an EAD and AP to work and travel.

We also filed the I-130 first, not concurrently with I-485. At that time we sent all the documentation proving our relationship and marriage bona fide, The I-130 was approved in about three months without any interview. I guess that in your case maybe they require further proof and hence the interview. I also guess that when you file the I-485 they will request another interview, which at that point it will be a formality. (In our interview the officer asked us almost no questions just limiting to say that the I-130 was already approved).

Good luck,

fwc107 said:
Hi Everyone,

This seems like a very nice and helpful forum, and I just came across it today. I wish I came across it earlier. It would have helped a lot.

My husband and I got married in the US. He is a US-born citizen. I am a Canadian citizen. He filed for the I-130 to petition for me, but we did not know that we could file I-485 together with it at the same time. (I actually just found that out today, wandering through this forum.)

We received a letter that states that we need to go to an office with any and all identification, proof of residence, proof of relationship of shared life, and that we both must appear. It doesn't state that it is an interview, however for those of you who know, is this the interview that everyone needs to go through? I am a little confused because I thought the interview doesn't happen until you file your I-485 and that the I-130 is approved via mail. Could anyone please explain this to me?

Now, another question, I just read that my husband filing for an I-130 for me doesn't mean that my status is pending here in the US and that I am okay to be here. I read on this forum that the I-485 would be required for that. Am I okay or not?

I am really confused but really happy to have stumbled across this forum. I thank you all in advance for your help.
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Thank you so much for your response. It is good to know that somebody did not file it concurrently as well. I had trouble looking for past threads which relate to this.

Now, because I thought that my status was pending, would I be in some trouble without the I-485? Before we got married, my visa was still good. When we filed for the I-130, it was still good, hence the reason I filed it so timely because of my misconception of all the forms.

Should I send in my paperwork for I-485 before we go in for the interview? Would that help, if at all?

I think you are right, they need more information and further proof of a real, valid marriage. I do have all the proof like leases and such, so that would not be a problem.

Again, thank you so much for your help. It is truly appreciated.

JMG1010 said:
The I-130 is just the petition, it does not change your status, you can work and travel with your old visa, the minute you file the I-485, your status automatically changes to I-485 pending, and you need to apply for an EAD and AP to work and travel.

We also filed the I-130 first, not concurrently with I-485. At that time we sent all the documentation proving our relationship and marriage bona fide, The I-130 was approved in about three months without any interview. I guess that in your case maybe they require further proof and hence the interview. I also guess that when you file the I-485 they will request another interview, which at that point it will be a formality. (In our interview the officer asked us almost no questions just limiting to say that the I-130 was already approved).

Good luck,
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File your I-485 as quickly as ppossible if you already overstayed your visa. Once you submit the 485 you are in 'adjustment-pending status'. For marriage to a US citizen, any unlawful presence is forgiven once you file 130 & 485 but you must file your 485 to obtain that privilege.

Caveat - I am not a lawyer. You may want to contact an immigration attorney to clarify this point.
 
fwc107 said:
Thank you so much for your response. It is good to know that somebody did not file it concurrently as well. I had trouble looking for past threads which relate to this.

Now, because I thought that my status was pending, would I be in some trouble without the I-485? Before we got married, my visa was still good. When we filed for the I-130, it was still good, hence the reason I filed it so timely because of my misconception of all the forms.

Should I send in my paperwork for I-485 before we go in for the interview? Would that help, if at all?

I think you are right, they need more information and further proof of a real, valid marriage. I do have all the proof like leases and such, so that would not be a problem.

Again, thank you so much for your help. It is truly appreciated.
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It's good if you have all the proof.

Concerning your status, if you are legal and have a valid VISA and situation, I think you don't have to rush, although the sooner you file for I-485 and I-765 the sooner you will get your GC and work permit.

If you are illegal (overstayed...), then you should file for I-485 so that you fall back in good standing as soon as they issue you a receipt. Otherwise I believe that once/if they initiate removal proceedings on you then its hard to get I-485 approved.

Wait for others to confirm.

Hope that helped.
 
Out of curiosity - What status did you enter the US under and what is your current status?

If you currently have a valid status, then there should not be anything to worry about. If you're not in a valid, then you need to file your I-485 ASAP.
 
TNguy78 said:
Out of curiosity - What status did you enter the US under and what is your current status?

If you currently have a valid status, then there should not be anything to worry about. If you're not in a valid, then you need to file your I-485 ASAP.
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TNGUY is right, what was your VISA when you came to the US, because most can do AOS, but a few cannot from what I read.
 
As everybody else points, if you have a valid visa, you can take your time to file the I-485, but if your current visa has expired you should file that I-485 ASAP, along with I-765 and I-131 if you plan to work and travel. Any overstay will be forgiven at that point.

As for the interview, take as much evidence as possible with you, photos, bills with both names on them, bank extracts, lease, etc, if you can prove that the marriage is legit, there's nothing to worry about, you'll be fine.


fwc107 said:
Thank you so much for your response. It is good to know that somebody did not file it concurrently as well. I had trouble looking for past threads which relate to this.

Now, because I thought that my status was pending, would I be in some trouble without the I-485? Before we got married, my visa was still good. When we filed for the I-130, it was still good, hence the reason I filed it so timely because of my misconception of all the forms.

Should I send in my paperwork for I-485 before we go in for the interview? Would that help, if at all?

I think you are right, they need more information and further proof of a real, valid marriage. I do have all the proof like leases and such, so that would not be a problem.

Again, thank you so much for your help. It is truly appreciated.
Click to expand...
 
One more thing. If you overstayed longer than 6 months do not leave the country before you have your GC, no need in filing I-131.

If you overstayed more than 6 months, when you file for I-485 that will be forgiven. Just do not leave the country until that's done. If less than 6 months you should be able to file for I-131.
 
Thanks, everyone, for the help.

I came in on a B-2 visa. I had just got done with school and I went home for a while, then came back to the States because I wanted to further my education in a different city. I told the immigration officer that I was going to move my belongings and also to talk to the new school. I was already in contact with the school at this point, and was supposed to take the entrance test and change my status from B-2 to F-1 within the US. I extended my status to allow time for the school to get the paperwork done and for me to receive the admission letters and to collect all the paperwork I would have to submit.

I must make it clear that I did not know my husband when I re-entered. I had not met him yet, so I had no intentions of getting married with him when I re-entered.

I ended up still being in B-2 visitor status when I got married. I was in legal status and have all the paperwork (filing for extension, etc.) to prove it.

Once again, thank you all for your help and your answers. I really, really appreciate it.
 
How much time passed between when you last had to show your nonimmigrant intent (when you extended your B-2 status) and when you filed the I-130? You need to be sure to understand the 30-60-90 rule.

This rule is typically used to judge your intent, i.e. if you file for AOS within 30 days of obtaining your most recent nonimmigrant status the presumption is you had in fact immigrant intent when you declared your nonimmigrant intent, within 30-60 days you need to prove you had nonimmigrant intent, 60-90 days the USCIS has to prove you didn't have nonimmigrant intent, after 90 days you're assumed to have had nonimmigrant intent but reasonable time has passed for you to have changed your intent, such as deciding to get married to a US citizen.

Someone who's more familiar with the rule please give the OP guidance as to (1) does the 30-60-90 clock start from when she entered or when she got her most recent extension, and (2) does the clock stop when she files for I-130 or I-485?
 
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Hi,

Thank you so much for your response and your thoughts.

There were four months between the time I applied for the extension and when I got married and a month after I got married, I filed the I-130. I have heard that they are really hard on this, so I am glad you made this point. What do you think about this? Will they still question?

I am so happy to have all of you helping me out and giving me advice on this. It's so scary at times!

austriacus said:
How much time passed between when you last had to show your nonimmigrant intent (when you extended your B-2 status) and when you filed the I-130? You need to be sure to understand the 30-60-90 rule.

This rule is typically used to judge your intent, i.e. if you file for AOS within 30 days of obtaining your most recent nonimmigrant status the presumption is you had in fact immigrant intent when you declared your nonimmigrant intent, within 30-60 days you need to prove you had nonimmigrant intent, 60-90 days the USCIS has to prove you didn't have nonimmigrant intent, after 90 days you're assumed to have had nonimmigrant intent but reasonable time has passed for you to have changed your intent, such as deciding to get married to a US citizen.

Someone who's more familiar with the rule please give the OP guidance as to (1) does the 30-60-90 clock start from when she entered or when she got her most recent extension, and (2) does the clock stop when she files for I-130 or I-485?
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