benefits of applying only I-130 first in a Marg case.

A

alkmt

Registered Users (C)
What are the benefits of appliyng I-130 first?

My lawyer suggested me to apply I-130 first and then applying a 485 based on approved I-130.

I could not understand.
1) What are the benefits?
2) Can you avoid the interview once your I-130 is approved?
3) Or is it for like if you get divorce(God Forbid) and if your spouse takes your visa application back.

I am confused. Please gurus do let me know if anyone might know.

tia
 
alkmt said:
What are the benefits of appliyng I-130 first?

My lawyer suggested me to apply I-130 first and then applying a 485 based on approved I-130.

I could not understand.
1) What are the benefits?
2) Can you avoid the interview once your I-130 is approved?
3) Or is it for like if you get divorce(God Forbid) and if your spouse takes your visa application back.

I am confused. Please gurus do let me know if anyone might know.

tia
Click to expand...

If you are the spouse of a USC, you apply I-130 and I-485 together because a visa number is immediately available to you and your PD is always current.

If you are the spouse of a LPR, you have to wait for your PD to become current and a visa number to be issued to you. So you only file for I-130 first and file I-485 after your I-130 gets approved.

If you belong to a family preference categories besides the above 2 mentioned above, you can only file I-130 and wait for it to get approved before you can do anything about it. Depending on the preference category, your I-130 might get approved from anywhere between 4-12 years.
 
thanks a little bit clear but

Is it a must to apply I-130 and I-485 together at the same time?
Or can we apply separately?
 
alkmt said:
Is it a must to apply I-130 and I-485 together at the same time?
Or can we apply separately?
Click to expand...

Its not a requirement that you file both together. Earlier, the law allowed you to only file only I-130 and then file I-485 based on an approved I-130. The law has changed in the last few years. Now, You can file I-130; AND file I-485 simultaneously based on a concurrently filed I-130. Both would be adjudicated in parallel.

You can still file separately or concurrently, both are accepted. So if they want you to file both applications together to speed up the process and save you a little time and hassle, I dont see any reason not to take benefit of that.

P.S: to answer your question from first post. You only have the I-485 interview for AOS. You dont have an interview for I-130. If you get divorced, your spouse can withdraw the application at any stage of the processing.
 
if that is true then what is the

I mean if your this statement is true:-
----
P.S: to answer your question from first post. You only have the I-485 interview for AOS. You dont have an interview for I-130. If you get divorced, your spouse can withdraw the application at any stage of the processing.
----
then what is the use of:-
--
file only I-130 and then file I-485 based on an approved I-130.
----
I thot one(beneficiary) can void the interview and still get the green card once the I-130 has been approved and the petitioner takes the application back.

am I right?
 
alkmt said:
I mean if your this statement is true:-
----
P.S: to answer your question from first post. You only have the I-485 interview for AOS. You dont have an interview for I-130. If you get divorced, your spouse can withdraw the application at any stage of the processing.
----
then what is the use of:-
--
file only I-130 and then file I-485 based on an approved I-130.
----
I thot one(beneficiary) can void the interview and still get the green card once the I-130 has been approved and the petitioner takes the application back.

am I right?
Click to expand...

An approved I-130 does not give you any status at all. All an approved I-130 gives you is eligibiity and approval to change status to that of a permanent resident. So you file I-1485 to adjust status and you have to go for the interview and if approved, you get your the GC .

And to answer your ques: What you are talking about can be considered as immigration fraud. You need to prove that this marriage was entered in good faith and explain reasons for divorce. There is no way you can avoid the GC interview. Both sponsor and beneficiary should be present during the interview unless you have a valid and convinving explanation why you came alone for the interview. If petitioner withdraws application at anytime, there wont be an interview as your I-485 gets denied based on a request to cancel proceedings.
 
I think you need to explain your case in a better way or more especific because you still don't clarify something that are crucial to help you.

If it's based on a marriage, especified if your relative who is petitioning for you is a United States Citizen (USC) or a Green Card holder (GC) and what is the situation since you are talking now about divorce, interview and so on.

Thanks,
 
it because

I am getting marired next month and we unfortunately have started having some differences.
Adn on the opt of it the lawyer was saying to apply only I-130 first and could not understand as to why, so thats why I aksed the question.
And btw my fiance is a USC
 
alkmt said:
I am getting marired next month and we unfortunately have started having some differences.
Adn on the opt of it the lawyer was saying to apply only I-130 first and could not understand as to why, so thats why I aksed the question.
And btw my fiance is a USC
Click to expand...

This is something i dont understand. If you know you are having differences and expect a divorce, so why get married in the first place? save yourself the emotional turmoil, wedding expenses and divorce expenses. If you are getting married just for the green card, i dont think anyone would advice you on how to skirt the laws. My 2 cents....

Sorry and good luck!
 
Last edited by a moderator:
Don't get married ,just for the GC.It doesn't sound right,that you have some differences already,but you still getting married. The marriage ,has to last and be entered in good faith,otherwise the USCIS,will know and you get nothing,but troubles.My advice...
 
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