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04/15/2021

Can you file I 130 and I 485 at the same time?

Can you file I 130 and I 485 at the same time?

When I-130 and I-485 Can Be Filed Concurrently Filing Form I-130 and I-485 concurrently means that you submit both applications at the same time, together with the necessary documentation and the filing fees. This is also called one-step adjustment in some cases.

What documents do I need to send with my i 130?

The required supporting documents for an I-130 petition typically include:Proof that the sponsor is a U.S. citizen or green card holder.Proof that a legally valid relationship exists.Proof that the relationship is not fraudulent.Proof of name changes for the sponsor and/or the person seeking a green card, if any.

Can you work with approved I 130?

No. The filing of an I-130 immigrant visa petition on your behalf does not grant “work authorization”.

How long does it take to process i 130 and i 485?

Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

Can my spouse stay in the US while I 130 is processed?

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.

What happens if I 485 is approved?

After your adjustment of status (I-485) petition is approved, you (and your dependents who applied with you) need to go to the nearby U.S. Citizenship and Immigration Services (USCIS) local office to get your passport stamped. With the exception of children under 14 years of age, passport stamping is required.

What happens after I 485 denial?

Fortunately, a denial does not mean that all hope is lost. One option is to file a Motion to Reconsider or a Motion to Reopen with USCIS. Alternatively, you can request a review from USCIS’s Administrative Appeals Office (AAO). Another option is to reapply and start the process over from the beginning.