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Filed I-102 and got a I-797 in the mail, can I use this receipt to file I-130 or should I wait?

Hillside, NJ |

Filed I-102 and got a I-797 in the mail, can I use this receipt to file I-130 or should I wait?
I've been out of status for 13 years ( thanks to my mom) and I just got married to a us citizen.

Attorney Answers 6


  1. Best answer

    The I-130 can be filed without the I-94. The I-485 cannot.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    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.


  2. More information is needed.

    Are you planning on filing the I-130 and I-485 as part of a one-step application package?

    If so, you should have filed the I-102 as part of that kit.

    None-the-less, it was a minor mistake on your part and, with the help of an attorney, you can still file everything ... with the receipt.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I don't understand how or why you filed those. It sounds like you may qualify to adjust status. Review your case with an immigration attorney.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  4. I don't understand how or why you filed those. It sounds like you may qualify to adjust status. Review your case with an immigration attorney.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  5. No to first quesiton, yes to the second.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  6. You are very confused about the forms. IF you do this on your own there's a good chance you are going to make mistakes that result in long delays or denials. if you read the I-797 it tells you that it is just a receipt and means nothing. The I-102 also has nothing to do with the I-130, but just because you filed the I-102 doesn't mean you will get the document you are looking for, and if you file, you may regret it. Do yourself and your spouse a favor and consult with an immigration lawyer before you make a mistake you regret for a long long time.

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