Help needed about I-485

[Tykimeister]

I am a US Citizen and I am getting married soon to my Kenya native girlfriend. We have been dating for 4 years and will be getting married in a week.

My question is, do you have to file for a I-130 at the same time as filing for a I-485? Or can you file for the I-485 first (to get work visa quicker) and file the I-130 when all the paperwork is more accurately prepared/ready to file?

My girlfriend has been going to college the whole time we have dated, but since she is getting close to being done, we need to start the paperwork for getting a greencard and such. From what I understand, getting the work visa takes up to 90 days, but the whole process of getting the green card takes 6-9 months. The time of getting the greencard is not important, but she does need to get a working visa quicker so we can live better together while waiting though the process. She already used a OPT (work visa after 4 year college) to work, but since she already used that rout she can't really do it again. Is there other ways to get a working visa while we wait through the filing process of the green card?

Going through the process of getting a green card is not bothersome for use because we have friends who went though it after getting married and they had no major problems. He have joint savings accounts, shared lease, family vacations, pictures, belong to a church, etc. The work visa is mainly what we are questioning at this point.

Any advice about this would be greatly appreciated.

[Tykimeister]

Could someone please share some advice in regard to this?

[rayb]

I am a US Citizen and I am getting married soon to my Kenya native girlfriend. We have been dating for 4 years and will be getting married in a week.

My question is, do you have to file for a I-130 at the same time as filing for a I-485? Or can you file for the I-485 first (to get work visa quicker) and file the I-130 when all the paperwork is more accurately prepared/ready to file?

My girlfriend has been going to college the whole time we have dated, but since she is getting close to being done, we need to start the paperwork for getting a greencard and such. From what I understand, getting the work visa takes up to 90 days, but the whole process of getting the green card takes 6-9 months. The time of getting the greencard is not important, but she does need to get a working visa quicker so we can live better together while waiting though the process. She already used a OPT (work visa after 4 year college) to work, but since she already used that rout she can't really do it again. Is there other ways to get a working visa while we wait through the filing process of the green card?

Going through the process of getting a green card is not bothersome for use because we have friends who went though it after getting married and they had no major problems. He have joint savings accounts, shared lease, family vacations, pictures, belong to a church, etc. The work visa is mainly what we are questioning at this point.

Any advice about this would be greatly appreciated.

Tyke,

The I-130 and the I-485 must be submitted at the same time, to qualify for the interim Work Authorization.

You can also submit the I-130 first, but that's pointless, as you will still have to submit the I-485 to get the interim Work Authorization.

--Ray B

[simplepoint!]

I-130, i-485 & i-765

From what I have learned and from my experience, you cannot file your I-485 or adjustment of status ahead of your I-130 of Petition for Alien Relative in order to get your wife's I-765 or work authorization. The I-130 Petition is the first step, so to speak, to be allowed to file the I-485 & I-765. You may file all three (I-130, I-485 & I-765 concurrently) or I-130 alone then followed by the I-485 & I-765 in that order.

Technically speaking, the I-130 determines your alien relative's eligibility to adjust status to that of a permanent resident and have a work authorization. In other words, once the I-130 is approved then your alien relative adjustment of status follows. However in practice, the pendency of I-130 &/or I-485 opens the door for your alien beneficiary to get work authorization (I-765). Please bear in mind in the event the I-130 is disapproved, the I-485 will also be denied. As to the work authorization that has been approved and issued, it automatically ceased to be valid on the date of the denial of I-130 &or I-485.

The denial of the I-130 has a very serious impact on the pending I-485 & I-765.


I hope this humble observation that I am sharing may help you find solution to your problem. It may also be worthy to consult a credible immigration attorney. Good Luck!