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Confused By Forms I-130 and I-485

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  • 12-29-2010, 10:03 AM
    Medyo
    Confused By Forms I-130 and I-485
    I have a 14-old daughter at a foreign land that I would like to petition. Since she's at a foreign land, my understanding is that I only need to file an I-130.

    Why do I need to file an I-485 for her once she gets here? Why do I need to to adjust her status as a "permanent resident"? Doesn't the I-130 form already mean that I want her to live with me here permanently?

    On a second note, if I really have to file the I-485, can I file it together rather than waiting for her to get here? Or, can I file the I-130, have her come here as a tourist while the I-130 is being processed, and then file the I-485 as soon as she gets here? Will that speed or delay things for her?

    Did I mention the forever confusing I-130 and I-485???
  • 12-30-2010, 07:13 PM
    Mr. Knowitall
    Re: Confused By Forms I-130 and I-485
    Form I-130 is a Petition for Alien Relative, filed by a citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

    Form I-485 is the Application to Register Permanent Residence or Adjust Status, used to apply to adjust the immigrant's status to that of a permanent resident of the United States. Your daughter has no status, and thus has no present basis to file form I-485.

    Entering as a tourist after filing form I-130 is potentially risky as immigration officials may question whether the person in fact intends to return home. Trying to stay in the U.S. after entering as a tourist is problematic, as part of applying to enter as a tourist is averring that you have no intent to immigrate.
  • 12-31-2010, 09:46 AM
    Medyo
    Re: Confused By Forms I-130 and I-485
    Quote:

    Quoting Mr. Knowitall
    View Post
    Form I-485 is the Application to Register Permanent Residence or Adjust Status, used to apply to adjust the immigrant's status to that of a permanent resident of the United States. Your daughter has no status, and thus has no present basis to file form I-485.

    I'm getting there...so the definite action is to file the I-130. If that gets approved and the child enters the U.S. do I need to file an I-485 to adjust her status to become a permanent resident or does an approved I-130 already mean that she is also a permanent resident?
  • 12-31-2010, 10:25 AM
    Mr. Knowitall
    Re: Confused By Forms I-130 and I-485
    The I-485 is a necessary part of the process.
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