Filing I-485 atleast 3 months later than I-130

[sekharan]

I am in the US on a F1 visa, got married to an US Citizen recently in late 2012. We live in California.

My wife wants to file for my naturalization, but since neither of us work, we need a joint sponsor.

My mother-in-law is qualified to be a joint sponsor, but she's away in Singapore on assignment and will be back in 3 months.
We can obtain the affidavit of support from her then.

My questions are:

1. Is it mandatory to file for my naturalization with concurrent filing of I-130 and I-485?
2. Cannot the I-130 be filed rightaway and while it is "processing", submit the I-485 3 months later?

I am confused as most guides I see on the internet suggest concurrent filing of I-130 and I-485 with all supporting documents at once.

 

[nkm-oct23]

First of all, it is not naturalization you are going to file, it is immigrant petition for alien relative I-130 and adjustment of status I-485.

Your wife files I-130 first. You can concurrently file I-485 if your affidavit of support and other supporting documentation is ready.

You can also file I-485 at a later time, preferably after USCIS accepts I-130 and send you a receipt notice. Remember to include a copy of I-130 receipt notice along with I-485 if filed later.

 

[Jackolantern]

1. Is it mandatory to file for my naturalization with concurrent filing of I-130 and I-485?
2. Cannot the I-130 be filed rightaway and while it is "processing", submit the I-485 3 months later?

1: No. 2: Yes.

For you it's not a problem to file the I-485 a few months after the I-130. You are in F1 status, so you don't have to file the I-485 urgently to keep or gain legal status. If you're not filing the I-130 and I-485 together, you need to include the I-130 receipt notice or approval notice along with the I-485.

But don't leave the US after the I-130 is filed, unless you have also filed I-485 and received Advance Parole or the green card itself. Once the I-130 is filed you may be unable to reenter the US with your F1 visa.

Your MIL being in Singapore doesn't stop her from signing the I-864 now if she wants to. She can download and print it, fill it out and return it to you via Fedex/DHL/UPS. Or if she doesn't have the means to print it, you can send a blank copy to her (or 2 or 3 copies, in case she makes a mistake and needs to redo it) and then she can send it back to you.

I am confused as most guides I see on the internet suggest concurrent filing of I-130 and I-485 with all supporting documents at once.

That's what most marriage-based applicants do if they're married to a US citizen, because they have no reason to file the I-130 and I-485 at separate times. But filing them together is not mandatory.