To file concurrent or not to file concurrent

[dom25]

I've read like so many threads on here, I literally got a massive headache. I am in the process of putting together my I-130 for my husband (B1 overstayed,I-94 lost). I would like to know whether or not to file I-485,I-485A,I-765 and I-131 at the same time. Also, with i-485 along with I-864 (with I-864 from joint sponsor) do we submit medical examine at the same time? Would be nice if someone would walk me through the process, I'm especially concerned with the 485 and its associated documents...
Any advice would be deeply appreciated.

 

[chloeguo]

I think it's better to get I94 first. then file everything concurently. As to the documents and how to file them, you can check the top post "follow to join" to get the detailed list and coverletter.

 

[Al Southner]

Doommmmmmmmmm

I've read like so many threads on here, I literally got a massive headache. I am in the process of putting together my I-130 for my husband (B1 overstayed,I-94 lost). I would like to know whether or not to file I-485,I-485A,I-765 and I-131 at the same time. Also, with i-485 along with I-864 (with I-864 from joint sponsor) do we submit medical examine at the same time? Would be nice if someone would walk me through the process, I'm especially concerned with the 485 and its associated documents...
Any advice would be deeply appreciated.

Dom25,

Your case will be dooooommmmmmmm if you don't get his I-94 replaced beforehand. For now, you WILL have to wait till it is replaced, because you are going to get an RFE for I-94 (departure record) from USCIS. When did it gets lost? The question could be, when did he learn it was lost, why the dickens didn't he apply for replacement?

Alternative, once you receive a NOA for I-94 replacement, you can send all his immigration applications, and include the I-94 NOA with the paperwork, in that way, USCIS can process his paperwork, and can inquire within their own system about his I-94.... However, there is no guarantee..

So... work on this important piece of evidence first, and hope that your husband's I-94 is replaced quickly, because it could hold up his entire immigration process for a long time...

 

[dom25]

Thanks alot for the information, duely noted, I just thought that in part 3 they asked whether you're filing with other applications.

 

[bkd52]

I've read like so many threads on here, I literally got a massive headache. I am in the process of putting together my I-130 for my husband (B1 overstayed,I-94 lost). I would like to know whether or not to file I-485,I-485A,I-765 and I-131 at the same time. Also, with i-485 along with I-864 (with I-864 from joint sponsor) do we submit medical examine at the same time? Would be nice if someone would walk me through the process, I'm especially concerned with the 485 and its associated documents...
Any advice would be deeply appreciated.

DOM25....is your husband currently out of status? How long has he been out of status. If its been over 180 days the 3-year ban applies, so would applying for a replacement I-94 kind of bring you up on the radar screen as being out-of-status, a deportable offence?

In this scenario, would filing the 131/485 etc. not be safer? at least once you file, your husband would be in status again, if RFE for I-94 comes u can address it then while being safely in status.

I bring this up because I will most likely be going out of status for a year before I can file for a family based GC myself. And its safer to stay out of sight until you file the GC petition.

 

[dom25]

I am going to send all my papers to adjust my status and get my Green Card. The problem is that they ask for my I-94 and I have lost it. I Know that I have to fill out a I-102 Form (Application for replacement/Initial Nonimmigrant Arrival-Departure Document) to get a new one. My question is if I have to send the I-102 Form first and then all others Forms like I-485, G-325A, I-130,
I-864,ecc or is better if I send all forms together including I-102 ??
I am concern because if I send the Form I-102 first, I have to put that I have stayed in this country more time that I was supposed to stay (my status righ now is illegal)and how are they going to know that I am trying to adjust my status, and that may create some problems.
Thank you.

http://www.hispanicbusiness.com/forum/topic.asp?TOPIC_ID=3665

Yes, do it like that. fill out the I-102 and send the I-485, G-325, and the I-130. Send them all in. Make copies for your records.


Do not forget the I-864.
The Affidavit of Support Under Section 213A of the Immigration and Nationality Act (Form I-864), which must be completed by U.S. citizens and lawful permanent residents who sponsor family members as immigrants to live in the United States for immigrant visa and adjustment of status applications filed on or after December 19, 1997.
The Affidavit of Support: Contract Between Sponsor and Household Member (Form I-864A), to be used in conjunction with Form I-864, when a sponsor is using the income or assets of one or more household members in order to meet the statutory income requirements of section 213A of the INA. By signing this form, a household member obligates him or herself to be joint and severally liable for the sponsored immigrant with the sponsor until the obligation has terminated.

Yeah this I-102 thing has me hesitant, since it would probably raise an eye brow if it's not accompanied by at least I-130