Can I submit I-130 then I-485?

Asked about 2 years ago - Columbus, OH

I need to apply for green card through marriage, Can I send i-130 now and after 2 months send i-485? which one will determine if the green card conditional or permanent approving i-130 or i-485?

Attorney answers (3)

  1. David Eli Larson

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You should normally submit both the I-130 and the I-485 at the same time. Neither one determines whether you get a conditional two-year card versus a permanent ten year card. If you have been married for less than two years when your green card is approved, you will get a two year card. If you have been married for two years or more when your green card gets approved you will get a ten year card. You should get an immigration lawyer to help you through the process. See the links below.

  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Neither. Whether you get a conditional card or a permanent card is determined by how long you have been married at the time USCIS grant permanent residence.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Mary Kathleen Neal

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You do not say if you are married to a citizen or a legal permanent resident. If you are married to an LPR, you will still have a wait for a visa after filing your I-130, and can only file your I-485 when your visa becomes available.

    Make a consultation appointment with an attorney in your area to learn more about the process.

    Law Office of Mary K. Neal | www.immigratechicago.com | info@rogersparklaw.com| 773-681-1335 This answer is... more

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