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Can I file my I-30 form first if I don't have all the money to file for my green card, then file the rest of the forms later?

Westbury, NY |

I'm married to a US citizen for 4 years now and I don't have all the money I need to file for my Green card so I was wondering if I just file for adjustment of status first then file the rest of the papers later when I get the rest of the money.

Attorney Answers 3


  1. No. You must file the I-130 first, then the I-485. Otherwise, the I-485 will be denied along with the other forms. This 'may' create delay and confusion at USCIS, but perhaps not. You must first file the I-130 or must file the I-130 at the same time as the I-485. Otherwise, you may not get the Employment card and waste the $1070 I-485 filing fee.

    I strongly recommend that you figure out a way to hire a competent experienced immigration attorney. This is one of many ways that can cause a denial. However, I hope this is helpful.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. You need to file the I-130 first. Then, when the petition is approved, you can file the application for adjustment (I-485) and other forms. It usually takes about 5 months to get a petition approved, but you do not need to file right away.

    However, remember that you might be out of status all the time until you get your green card, so you might take a risk. If you file everything together, which you can, you could get your green card in about 6-8 months, and you could get an employment authorization already in about 4 months, and with that you may legally work and earn money.

    I know it is not easy to come up with so much money, but it would be best, if you also would be able to hire an attorney to make sure that everything is filed the correct way and no problems exist that might get you in trouble. Remember, it is about your future here.

    Wolf W. Kaufmann
    Southern California Immigration Attorney
    www.wolfklaw.com
    951-710-3250

    No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.


  3. 1. There is no form I-30. Are you perhaps referring to form I-130?
    2. The I-130 would be the form you would file if you are not going to file everything together. Filing the I-130 will not give you any status, and will not get you a work permit.
    3. If you only file the I-485 you will be wasting your money, as it will be denied due to a lack of an approved petition.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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