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Immigration question

Evansville, IN |

Hello,
I am a citizen of US and I got married abroad. I filled the I-130 form to bring my wife to US two month ago. Should I wait for the approval of I-130 or I can fill the I-485 now.
Thanks,
Matvey

Attorney Answers 4

Posted

If your wife is not physically present in the USA, you cannot file the I-485. The forms and process for consular processing are entirely different from adjustment of status. Once your I-130 is approved, you will be required to file the I-864 with current supporting documents and your wife will be required to file the online DS 260 along with all her civil documents. At the very least, you should have an in person consult with an Immigration Attorney.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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Posted

That depends. Did she enter the US lawfully and is she currently present here? If not you cannot file the I-485. Work with an immigration attorney, you will not regret it.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

Submitting Form I-485 is appropriate when the applicant is physically present in the US, and will apply for the immigrant visa, in the case of Form I-485 the "Green Card," in the US.

The person who posted this question, as well as anyone else who reads this response, should understand that the response is not, and should not be understood as, legal advice. Rather, it is legal information, based on the abbreviated facts presented. Immigration law is very complex, unfortunately, and immigration status adjudications are highly fact-dependent. The reader should retain an experienced immigration lawyer to analyze the facts specific to his/her particular situation to obtain “legal advice”; which this is not. Any answers offered on Avvo are of a general nature and informational only, and are not meant to create an attorney-client relationship.

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Posted

No you donot file I-485 unless she is here lawfully.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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1 comment

Gunda Johanna Brost

Gunda Johanna Brost

Posted

True.

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