Where to file I-130 if relative overseas?

[Immi2001]

Since I-130 and I-485 can be filed at the same time to the local INS office if the relative is already in the US, can I do the same thing if the relative is overseas?

Do I need to file I-130 first and wait till it is approved before filing I-485?

Thanks a lot

Immi2001

 

[pamit73]

Since I-130 and I-485 can be filed at the same time to the local INS office if the relative is already in the US, can I do the same thing if the relative is overseas?

Do I need to file I-130 first and wait till it is approved before filing I-485?

Thanks a lot

Immi2001

I think I-130 and I-485 can be filed at the same time if the relative is in the US, AND, if the priority date is current. In the family category, the priority date is current only may be for the first preference (spouse, parents, children under 21 of US citizens).

I-485 is adjustment of status. If your relative is not in the US, there is no question of adjusting any status. In this case, after I-130 is approved and you show your ability to support, your relative will go thru consular processing and get his/her visa stamped.

This is what I think is accurate. Don't hold me to it.

 

[LucyMO]

pamit is right. Since your relative is not in the U.S. in a non-immigrant status, you can't apply for adjustment of status. He has to go through consular processing, which is sometimes faster, by the way. Depends on what kind of relative it is, visa type, etc.