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Can I enter the US with form I-130 approved and then apply for I-485 when there?

Indianapolis, IN |

I live in the UK with my US wife and we're making steps to come back to the States. If I file I-130 and it gets approved, can we then travel to the USA and apply for the I-485 while there?

Attorney Answers 4


If you file the I-130, you will need to get the K-3 visa to enter the US as the spouse of a US citizen. You do not need to wait for the approval, just the receipt notice. After you enter, you can then file for the AOS.

713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.

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My colleague is coorect. You can also apply in the UK an enter as an immigrant with your green card. Regardless, you should consult with an immigration attorney to figure out your best course of action. Good luck.

Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at All initial constulations are free.

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You cannot enter the U.S. to adjust status unless you have a K-3 visa if you have a pending I-130. You should counsult with an experienced immigration attorney before you take any steps to fully understand your options.

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No, you will need a nonimmigrant visa to enter the U.S. (and then you could file the I-485 but beware of conflicting intents) or await for an immigrant visa to be issued at the consulate.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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