I-130

[Hollie2]

I have read that if I don't apply for my I-485 within 180 days of being in the US, I will receive a $1000 fine. If I file my I-130, and it takes more than 180 days to process, will I still be fined for not filing my I-485? Can these two forms be filed at the same time?

[immihelp]

You can't file both of those forms together.

Whether you would be fined or not, whether you would be subject to 3/10 year bar or not all depends upon whether you are in US in lawful status or out of status and for how long and during which dates etc.

If you are in US legally (on some non-immigrant visa), you can stay as long as that visa is valid no matter how much time that I-130 takes.

[mikkel]

The INS web site seems to indicate
that under certain circumstances, an I-130 and an I-485 could both be filed at the same time:-

http://www.immihelp.com/forms/showform.do?form=i-130

Regards,

mikkel