QUESTION
Should we also send the I-485 as I am in the USA already?
Asked on May 15th, 2012 on Immigration - Colorado
More details to this question:
My wife (US Citizen) and I just got married here in USA. We just filed the I-130 form. Should we also send the I-485 as I am in the USA already? I came here in a L1 visa with my company. How long does it take to get the I-130 approved if I'm already in the USA.
11 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It takes about 6 months at average.
Answered on Jun 14th, 2013 at 2:32 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely. This assumes you qualify.
Answered on May 18th, 2012 at 1:43 PM
Rebecca T White
Yes, the I-485 should probably be filed at this time. From the time of filing to interview, if the I-130 and I-485 are filed together, it will usually be between 6 - 10 months.
Answered on May 18th, 2012 at 11:49 AM
Thomas J. Rosser
There are a number of petitions/applications involved in a spousal adjustment of status case (in addition to the initial I-130 and I-485) together with a number of important supporting documents which are routinely supplied to USCIS for each. If you are not familiar with the process you may wish to seek legal representation to handle this somewhat lengthy and complicated process (including subsequent "Removal of Conditions on Residency" following the initial issuance of your conditional, two-year I-551 "green card" based upon your marriage to a USC).
Answered on May 16th, 2012 at 12:04 PM
Yes, if you are lawfully present in the US and married to a US citizen, you should file the I-130 and I-485 concurrently. If you did not file concurrently but already have the I-130 receipt notice, you should submit the I-485 as soon as possible.
Answered on May 16th, 2012 at 12:01 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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You can send your I-485 as soon as you have the I-130 receipt.
Answered on May 16th, 2012 at 11:31 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are already here in the US on a L1 visa, you should apply for adjustment of status on Form I-485 even before the I-130 is approved.
Answered on May 16th, 2012 at 11:29 AM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Yes, if you're in the United States you will need to adjust status. A properly prepared and documented application of this kind should process in 3-5 months.
Answered on May 16th, 2012 at 11:14 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should be filing both the I-130 and I-485 concurrently. This will speed up the process considerably. Average start to finish time is about 3 to 4 months!
Answered on May 16th, 2012 at 11:14 AM
Approval of a Form I-130 application does not create Permanent Residence status - that is achieved through approval of a Form I-485 application. The fact that a foreign national now is lawfully in the U.S. on a valid nonimmigrant visa, such as an L-1 visa, does not change the analysis. When I-130 and I-485 applications are filed for adjudication by the Atlanta Field Office of the USCIS, one may expect the process to be completed in approximately five months. The immigration regulations and statutes can be complicated, and from your question it appears that you are not very familiar with the processes. It would be wise to consider engaging an immigration law firm to assist you and your wife in this process.
Answered on May 16th, 2012 at 11:13 AM
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You may want to file the form I-485 now if you intend to apply for permanent residence in the U.S. rather than consular processing abroad. You should consult with a lawyer to understand the difference between consular processing and adjustment of status. You should also carefully consider your travel needs while your adjustment of status application is pending with USCIS.
Answered on May 16th, 2012 at 11:10 AM