I-130&I-485:Can we file personally?

M

MSBhat

New Member
I and my wife are on B2visa.We got extension of stay for six months after the initial six months and we are currently in B2 status.Our daughter who will be a citizen shortly wants to sponsor us for greencard.Intend filing I-130 &I-485 simultaneously.I have been thinking of going personally and filing the papers in the local INS office.Is there any problem/risk in this approach? If we so decide, should both of us go or one of us going will be good enough? The INS office concerned is Philadelphia.
 
Unlike the Employment based immigration where you can have concurrent filing of 140 and 485, you cannot apply 130 and 485 simultaneously. You will have to apply for 130 and once you petition is approved you will have to wait until your PD becomes current and then apply for 485. Yes, you can apply for 130 yourself by downloading it from the INS website. I recommend you apply your 130 from here and have your case adjucated from outside of US through your local counslate, that way you don't have to go through the 485 mess. I am not sure how it works but an immigration attorney will be able to help, they charge anywhere between $300 to $1000 for I-130, but it is worth it!
Hope this helps....
 
I-130instructions(Rev06/05/02)says "If I-130 petition is being filed concurrently with FormI-485,Application to register Permanent Residence or to adjust status, submit both forms at the local INSoffice having jurisdiction over the place where I-485 applicant resides." In view of this, I am under the impression that concurrent filing is possible.I wonder if this is the latest change in rule. My doubt is whether going personally to submit the papers will any way complicate matters.Webpage of Philadelphia Ofice says they encourage personal filing. Any advice?
 
Further to what I wrote just a while ago, PD is not relevant in our case as we are "Immediate relatives(Parents).
 
Originally posted by MSBhat
Further to what I wrote just a while ago, PD is not relevant in our case as we are "Immediate relatives(Parents).
Click to expand...

There shouldn't be any problem filing the I-130/I-485 at the same time, since you can concurrently file since you will always be current. The only time I would get nervous is if your daughter's swearing in ceremony is after your I-94s expire. She cannot sponsor you until she becomes a citizen, which isn't until the ceremony itself.

If your I-94s have expired, you are here illegally and are accumulating illegal presence. At that point I would personally stay away from an INS office, just in case they decide to arrest first and ask questions later. A mail filing in that case is better. If you have accumulated more than 180 days of illegal presence, you will be subject to the re-entr bars and you should not leave the United States under any circumstances before the I485 is approved.

The other thing to remember is to file for at least AP using an I-131, and probably an EAD with an I-765. It's an extra $200, but at least you can travel and work. (Note that AP does not work for you if you are subject to the re-entry bars.)
 
Hi
TheRealCanadian

i saw ur response on i130 and i485. my motehr applied for i130 last year 2001 dec and still i am watingfor the approval
now after reading your email can i apply now for i485 even my i130 is till not yet approved, i am here on H1B.

some body told me that i don't have to wait for PD , i can apply for i485 ASA my i130 is approved is that true.

do i Call INS to find about my case b/c they said that it will take Max 217 days to reply me. now its about 400 days

TIA

code002
 
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