I-130
Hi Everyone,
This seems like a very nice and helpful forum, and I just came across it today. I wish I came across it earlier. It would have helped a lot.
My husband and I got married in the US. He is a US-born citizen. I am a Canadian citizen. He filed for the I-130 to petition for me, but we did not know that we could file I-485 together with it at the same time. (I actually just found that out today, wandering through this forum.)
We received a letter that states that we need to go to an office with any and all identification, proof of residence, proof of relationship of shared life, and that we both must appear. It doesnt state that it is an interview, however for those of you who know, is this the interview that everyone needs to go through? I am a little confused because I thought the interview doesnt happen until you file your I-485 and that the I-130 is approved via mail. Could anyone please explain this to me?
Now, another question, I just read that my husband filing for an I-130 for me doesnt mean that my status is pending here in the US and that I am okay to be here. I read on this forum that the I-485 would be required for that. Am I okay or not?
I am really confused but really happy to have stumbled across this forum. I thank you all in advance for your help.
The I-130 is just the petition, it does not change your status, you can work and travel with your old visa, the minute you file the I-485, your status automatically changes to I-485 pending, and you need to apply for an EAD and AP to work and travel.
We also filed the I-130 first, not concurrently with I-485. At that time we sent all the documentation proving our relationship and marriage bona fide, The I-130 was approved in about three months without any interview. I guess that in your case maybe they require further proof and hence the interview. I also guess that when you file the I-485 they will request another interview, which at that point it will be a formality. (In our interview the officer asked us almost no questions just limiting to say that the I-130 was already approved).
Good luck,
Hi Everyone,
This seems like a very nice and helpful forum, and I just came across it today. I wish I came across it earlier. It would have helped a lot.
My husband and I got married in the US. He is a US-born citizen. I am a Canadian citizen. He filed for the I-130 to petition for me, but we did not know that we could file I-485 together with it at the same time. (I actually just found that out today, wandering through this forum.)
We received a letter that states that we need to go to an office with any and all identification, proof of residence, proof of relationship of shared life, and that we both must appear. It doesnt state that it is an interview, however for those of you who know, is this the interview that everyone needs to go through? I am a little confused because I thought the interview doesnt happen until you file your I-485 and that the I-130 is approved via mail. Could anyone please explain this to me?
Now, another question, I just read that my husband filing for an I-130 for me doesnt mean that my status is pending here in the US and that I am okay to be here. I read on this forum that the I-485 would be required for that. Am I okay or not?
I am really confused but really happy to have stumbled across this forum. I thank you all in advance for your help.
Thank you so much for your response. It is good to know that somebody did not file it concurrently as well. I had trouble looking for past threads which relate to this.
Now, because I thought that my status was pending, would I be in some trouble without the I-485? Before we got married, my visa was still good. When we filed for the I-130, it was still good, hence the reason I filed it so timely because of my misconception of all the forms.
Should I send in my paperwork for I-485 before we go in for the interview? Would that help, if at all?
I think you are right, they need more information and further proof of a real, valid marriage. I do have all the proof like leases and such, so that would not be a problem.
Again, thank you so much for your help. It is truly appreciated.
The I-130 is just the petition, it does not change your status, you can work and travel with your old visa, the minute you file the I-485, your status automatically changes to I-485 pending, and you need to apply for an EAD and AP to work and travel.
We also filed the I-130 first, not concurrently with I-485. At that time we sent all the documentation proving our relationship and marriage bona fide, The I-130 was approved in about three months without any interview. I guess that in your case maybe they require further proof and hence the interview. I also guess that when you file the I-485 they will request another interview, which at that point it will be a formality. (In our interview the officer asked us almost no questions just limiting to say that the I-130 was already approved).
Good luck,
File your I-485 as quickly as ppossible if you already overstayed your visa. Once you submit the 485 you are in adjustment-pending status. For marriage to a US citizen, any unlawful presence is forgiven once you file 130 & 485 but you must file your 485 to obtain that privilege.
Caveat - I am not a lawyer. You may want to contact an immigration attorney to clarify this point.