My husband is filling the form I-130 for me. My B1visa expired in january of 2013 when i was pregnant with our baby and i had a notice from my doctor that i should not take an airplain while I'm pregnant. Because we were not married then i applied for a visa extention and was denied (I filed online and because of some technical issues i passed the deadline they gave me for submitting additional documents). We got married in April 2014. Also I'd like you to advice if we can file I-485 concurrently with I- 130. Thanks a lot in advance for your answers!
I assume you're asking about the question on the I-130 about whether your relative has ever been in immigration proceedings? If so, the answer is no, a visa extension application does not count. Immigration proceedings in this context generally refers to deportation/removal proceedings.
You might be eligible to file the I-485 concurrently if your husband is a us citizen, but there are many factors that may determine whether it is advisable to do so. That analysis goes beyond the scope of this message board. Best if you consult with an attorney.
This answer is for general informational purposes only and does not create an attorney-client relationship.
In the context of the questions on USCIS Forms, "immigration proceeding" refers to immigration enforcement proceedings.
Generally, when the beneficiary-applicant is physically present in the US and is eligible to adjust status to permanent resident, the Form I-485 is filed concurrently with the Form I-130.
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.
Depends on the context. In the one you described, no.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Is your husband a USC or LPR? Whether I-485 can be filed concurrently will depend on who the Petitioner is?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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