2 questions about marriage (i 485 and I130)


Registered Users (C)

I just got married overseas and I have a couple questions.

1. Can I file for I-130 and I-485 in my native country? I ask this because I wish to live here for the next 4 months or so. So ideally, I wish to file for I485 and I130 and kill some time instead of wait until I return back.

2. What are the documents that need to be submitted? I'm particularly interested in financial documents as my income (taxes) for last year won't suffice under federal guidelines (I only worked for 3 months last year). So I was wondering if I could just send I485 and I130 while I wait for them to ask for financial documents till February/March of 2016 (by which time, I'm hoping to have filed for taxes).

Thank you.


Well-Known Member
1. I-485 is Adjustment of Status, which is the process for applying for permanent residency from inside the US. Hence, it can only be filed when you are in the US. Furthermore, you cannot "wait until you return back" to file I-485, unless you have an H or L visa, because most nonimmgrant visas cannot be used to immigrate.

2. Reach each form's instructions for all the things that are needed. For Affidavit of Support, it's current income (e.g. salary of jobs right now) that matters for the purposes of meeting the guideline, not what it says on past tax returns. It's the petitioner who needs to do an Affidavit of Support, not the immigrant (although immigrant's income can be counted as part of the petitioner's household). It's very unclear from your question who is the petitioner, and who is the immigrant.