QUESTION

Should we file I-130 and I-485 together?

Asked on Dec 30th, 2016 on Immigration - Georgia
More details to this question:
I entered US on a visitor visa. Meanwhile, I married a US citizen (naturalized) and we are planning to apply for adjustment of status. Are we able to? Also I was on J-1 program and I’m in possession of SSN.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, when a foreign national entered the U.S. lawfully and with inspection (such as with a visitor's visa) and then becomes married to a U.S. citizen, the couple should file a marriage-based adjustment of status application package (including the I-130 and I-485 applications, among others). Of course, there are many additional considerations that need to be considered in order to address eligibilities, such as whether there may be a two-year home residency requirement associated with the foreign national spouse's previous J-1 visa, and if so, whether it has been satisfied or waived. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information could advise you about eligibilities, options and strategies and could offer legal representation in the often quite complex application process.
Answered on Feb 27th, 2017 at 6:07 AM

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