Need advice regarding I-130 and I-485

A

alice4x

New Member
I have questions about my case and my sister's case.

Here is my case:

I married a U.S Citizen last month. I came on a visitor visa in year 2000. Both my visa and I-94 has expired. My husband is going to file for me so I can adjust my status here. My question is should we submit I-130 alone or should we submit it along with I-485, I-765, and I-864. Which option is faster? I am in Texas so my case would be in TSC. I checked processing time online for TSC. It says 5 months for I-130, 4 months for I-485, and 3 months for I-765. I am confused because how come I-485 is faster than I-130. Doesn't I-130 has to approve first to process I-485? How does it work? What happens to I-485 process if I-130 is denied? I want to go with the faster option so I can get my EAD and start working.

Here is my sister's case:

My sister was out of status when she married a U.S citizen. My sister sent I-130 in July 2012. After mailing I-130, she got the letter in the mail that says her application has been accepted and she has been given a receipt # or case #. She checks the case status online. It says "Initial Review". My sister submitted her I-485, I-765, and I-864 few days ago. Should they have done I-130 and I-485 together? Is it going to be a longer process for her now or no? If so, how will her process take? Does she have to wait for I-130 approval before she gets her biometric appointment and interview? When would she get her EAD? Also, my sister submitted everything USCIS requires but she forgot to include the cover letter. Is that an optional thing or is it going to be a problem?
 
File ALL together called concurrent filing, it's faster that way.

http://www.uscis.gov/portal/site/us...nnel=32d80a5659083210VgnVCM100000082ca60aRCRD

Whether your sister should have filed all together or not is a moot point, it's water under the bridge. She's already submitted the paperwork, now all she can do is wait out the process which can take at least about eight months in her case for not filing concurrently. The questions you are asking are all dependent and cannot be reasonably answered. The only reasonable answer you will get is it depends.

Read up on the several postings on this forum, the answers are all there.

Good Luck!
 
ok but what about her EAD? Work permit? When can she get that? any estimate time can you suggest? How long do you think she has to wait for her biometrics?

Thanks for your previous response!
 
Her EAD will come about six weeks to three months AFTER she files the I-485/I-795. Her biometrics notice will come about three AFTER she files her I-485, and is normally scheduled a month after it was mailed out meaning her biometrics DATE will be about six weeks after she filed the I-485.

That's what a person goes through when they do not educate themselves enough about the processes/options before going ahead and filing paperwork piecemeal.

alice4x said:
ok but what about her EAD? Work permit? When can she get that? any estimate time can you suggest? How long do you think she has to wait for her biometrics?

Thanks for your previous response!
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