Adjustment of status confusion

[schmoey]

I am an Australian citizen who entered the US 4 weeks ago on the visa waiver program, and my visa waiver expires on 08/06/10. A week ago I married my boyfriend (a US citizen) and now wish to apply for permanent residency. I understand that my husband must file the i-130 for me, however should I file the i-485 concurrently or wait until the i-130 is approved? I was told by USCIS that I must leave the country after the i-130 is filed and then file for a k3 visa however I was under the impression that I could file the i-485 while still in the US. Also I am confused as to exactly which forms need to be provided along with the i-485.

 

[da1980]

Yes, if you're married and your husband is a US Citizen, then you may file I-130 and I-485 concurrently. You don't have to leave US if you file concurrently. In fact, if you file concurrently, then it is advised that you do NOT leave the country until you have an approved advance parole (I-131). If you leave US after filing I-485, then it is considered abandoned.

The proper way/ preferred way by USCIS officers is to do this through Fiance visa, which is why this visa was introduced. But most people don't opt for this option as it becomes a long distance relationship for some time.

But to answer your question in short, YES you can file I-130 and I-485 together.

In order to start this process: You need to file I-130, I-485, I-131 (if you want to travel outside US), I-864, G-325A, I-765 (if you want to work while waiting for greencard), I-693 (medical exam) and G-1145 (if you want electronic notifications).