More details to this question:
I came to the US to visit my boyfriend and we ended up getting married because I am pregnant. We are filing the I-130 but do we also have to file an I-485 or any other form as well?
11 ANSWERS
Best wishes upon your marriage and the upcoming birth of your baby. The filing of a Form I-130 merely seeks to have the USCIS make a determination that you and your husband are living together in a bona fide marriage, and USCIS approval does not confer a right to remain in the U.S. A Form I-485 is an application seeking to have the USCIS grant Lawful Permanent Resident status (issue a "Green Card"). Generally, a U.S. citizen and his/her spouse concurrently file both applications. Multiple other documents also must be filed, including an Affidavit of Support, Background Information forms, medical examination results, photographs, birth documents, evidence of the bona fide nature of the marriage, etc. The process can be complex and can present a "minefield" for the unprepared. Last week, the USCIS's Atlanta Field Office (which handles marriage-based cases for Georgia and Alabama) announced that it has the highest rate of "continued" cases - those that are not finally adjudicated at the adjustment of status interview among all the districts in the U.S. It is common for the USCIS to have a 9-month delay in cases that are "continued" due to lack of documentary evidence or other errors, and of course lack of documentary evidence and other errors also can lead to a denial of an application. Especially since you are not thoroughly familiar with the adjustment of status process, it would be wise to engage an immigration attorney to represent you and your soon-to-be husband.
Answered on Jan 26th, 2012 at 6:53 PM
Litigation Attorney serving Pearl River, NY
at
Law Office of Bijal Jani
Update Your Profile
Yes, you do need to file the I-485 Adjustment of Status form. By filing this form, you are basically requesting permission from the USCIS to be able to adjust your status from "visitor" to a permanent residentbased upon marriage. If you plan to work here in the USA, you should also apply for an Employment Authorization request as well.
Answered on Jan 25th, 2012 at 1:16 PM
Yes, you will need the I-485 and all the supporting documentation to be submitted to the USCIS concurrently. You will also need to undergo a medical examination and you will have to have evidence that you did not have immigrant intent at the time you entered the US as a visitor as that may harm your chances of getting a green card.
Answered on Jan 25th, 2012 at 10:11 AM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
That would entirely depend if you qualify to adjust status.
Answered on Jan 25th, 2012 at 8:45 AM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
Yes. He can also get his work authorization. You should invest in an attorney so he can work legally and get drivers license ASAP.
Answered on Jan 25th, 2012 at 8:38 AM
2 Awards
Yes if you came in legally. The. 485 is what gives you status so you have to file both the I-130 and I-485 together.
Answered on Jan 24th, 2012 at 7:20 PM
Immigration & Naturalization Attorney serving Olympia, WA
at
Seifert Law Offices PLLC
Update Your Profile
If you want to apply for adjustment of status and stay here to obtain status, then file the form. But I do recommend you see an immigration attorney to discuss any eligibility issues Before you file. There may be issues you don't see that could result in denial or worse.
Answered on Jan 24th, 2012 at 7:08 PM
Leon Wildes
Yes. It might be a good idea to consult an immigration lawyer. You will need much more than the forms.
Answered on Jan 24th, 2012 at 5:30 PM
2 Awards
If you entered US legally (with inspection) you should file Form I-485 concurrently with the I-130. You should also file I-765 with your applications and it is free of charge when filed with I-485. If you entered the country on a visitors visa and are getting married immediately you have to keep in mind that USCIS may question your intent at the time of your entry as a visitor. We would suggest speaking to an attorney prior to your submission of the Applications.
Answered on Jan 24th, 2012 at 4:21 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
It is very important that you do things correctly. This could mean the difference between getting a green card in 3 months or one year. I would recommend filing all the forms at once (e.g., Forms I-130, I-485, G-325, I-765, I-131, etc.). This would ensure the quickest route to the green card. I would also consult an attorney.
Answered on Jan 24th, 2012 at 4:20 PM
Bankruptcy & Debt Attorney serving Phoenix, AZ
at
Law Office of Darshak Shah
Update Your Profile
In order to apply for an Adjustment of Status, you must file form I-130 and form I-485, there are other forms that go along with these forms which can be found on www.uscis.gov, for work and travel authorization. You should consult an attorney to see if you qualify for an adjustment of status or if you are required to file for consulate processing, they both lead to a green card however one requires you to leave the country and apply for the immigrant visa at the US Consulate in your home country.
Answered on Jan 24th, 2012 at 4:17 PM