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

Asked over 1 year ago - 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. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  4. Eric M. Mark

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  5. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  6. Alexander Joseph Segal

    Contributor Level 20

    2

    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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