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Procedures for Filing I-130 and I-485

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  • 09-18-2013, 04:03 PM
    cbrown123
    Procedures for Filing I-130 and I-485
    Hi,
    My F-1/OPT visa expired on September 7, 2013. I am still in the US because I was reassured by a few immigration lawyers that I have a 60-days grace period from September 7 to leave the country, hence I am utilizing the grace period to stay on.

    My fiancee/wife, a US citizen, and I were legally married last week and we are in the process of filing the I-130 and I-485 on our own.

    1) Should we file for the I-130 and I-485 together, or do we have to file the I-130 first and wait for this to be approved before submitting the I-485?

    2) Bona fide marriage - I moved in with my wife beginning of the year and we have lived together since, but all the utility bills are under her name and the she owns the apartment. We do not have joint bank accounts or car/insurance policies. We do have plenty of emails exchanges over the year, phone conversations on bill payment, text messages on the cell phone, photos of trips/dinner/parties together, and marriage photos with family, engagement ring for her and wedding band for me (receipts). Will these suffice?

    3) Is the average wait time for the approved green card 5-6 months from filing/receipt of our application? Are there other forms besides I-130, I-485, I-765, I-131?

    4) I have to apply for work permit and advance parole/travel abroad (I-765, I-131) immediately. What is the wait time to get these visas approved while my adjustment of status remains pending?

    Can you help confirm that we are following the right procedure?

    Thanks.
  • 09-18-2013, 08:21 PM
    Disagreeable
    Re: Procedures for Filing I-130 and I-485
    You are relying on filing under permissive violation of immigration law. As it is permissive violation, legally the only real advice we can give you is go home.
  • 09-18-2013, 08:30 PM
    Mr. Knowitall
    Re: Procedures for Filing I-130 and I-485
    1. Either way.

    2. Consult an immigration lawyer with the full details. It's more than we can address in a forum.

    3. There are lots of forms, most of which are not relevant to your situation. See also, for example, form I-864, form G-325A....

    4. You can check processing times here.
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