QUESTION
Is it OK to send both applications together for i-130 and i-485 when I'm without status in US or should I get an attorney?
Asked on Sep 18th, 2013 on Immigration - Michigan
More details to this question:
I have overstayed my f-1 student visa. I'm currently without a status in USA, however, last week I got married to a US citizen. We want to start doing our applications already.
9 ANSWERS
As long as you have proof that you entered the US lawfully, you can submit the I-130 and I-485 concurrently. You may not need an attorney if you know what to do and do it correctly. Otherwise, it is very advisable to get an attorney to assist you since you want to do it correctly.
Answered on Sep 23rd, 2013 at 4:44 AM
Adebola O. Asekun
You may be eligible to adjust status even if your F-1 visa has expired, but this alone is not dispositive of whether you will ultimately get a green card.
Answered on Sep 23rd, 2013 at 1:53 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Yes you should send everything together. Whether or not you need an attorney depends on the details of your overstay any other issues that may arise.
Answered on Sep 20th, 2013 at 12:57 PM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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You should file both forms (and all applicable additional forms and supporting documents) all together as one comprehensive package. Your overstay does not matter for this process; so long as you have no criminal history, and so long as your marriage is genuine, you should be able to adjust your status.
Answered on Sep 20th, 2013 at 12:15 PM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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You should send both your applications in together. Since you were in F-1 status and have been out of status, it may be a good idea to talk with attorney.
Answered on Sep 20th, 2013 at 11:54 AM
You can file both, I-130 and I-485, concurrently.
Answered on Sep 20th, 2013 at 9:37 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as you are married to a US citizen and entered the United States with inspection as a F-1 student, you can apply for adjustment of status even though you overstayed your student visa.
Answered on Sep 20th, 2013 at 9:35 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should get an experienced attorney. If done right, the entire process should only take about 3 months from start to finish. If you are represented by an attorney, you will better prepared to answer questions about your overstay.
Answered on Sep 20th, 2013 at 9:33 AM
Yes, submit both together, you should be ok because you were inspected when you came to the US, unless there are other issues.
Answered on Sep 20th, 2013 at 8:55 AM