Skip to main content

If i am filing for I-130 petition for a relative (husband) who is already in the U.S. do i have to submit form I-485 ?

Bronx, NY |

I am filing for i-130 petition for a relative for my husband he is here in the usa for the past 4 months as a visitor, his i - 94 will expire on june of this year. I am a permanent resident for the past 4 years. My question is what forms do i exactly need to apply along with I-130, do i also submit form I 485 adjustment of status? Please let me know thank you.

+ Read More

Attorney answers 4

Posted

You have to submit your I130 and G325a for both of you. However, your husband will not be able to file his I485 until his visa number becomes available. It may take 4 years or longer for a visa number to become available in the 2 nd preference family-based category. It is very important for your husband to maintain his nonimmigrant status until his visa priority date becomes current. He should consult with an immigration attorney on how to stay in valid nonimmigrant status.

Alexandra Tseitlin
212-944-7434

Posted

You will not file the I485 here. Your husband will not be able to adjust status in the US until you are a citizen. You are going to need to speak with and retain an immigration attorney to sort this out for you.
Regards,
Nick Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, 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.

Posted

You are welcome to keep abreast of the visa number progression and retrogression on the Department of State Visa bulletin website.

You can only file the I-485 when your visa number is current.

You are welcome to use the link provided below.

Goodluck.

Posted

There are not enough facts here to answer your question. If you are a US citizen, you will need to file the I-130 and your husband will need to file the I-485 at the same time. If you are not a US citizen, you need to file the I-130. Your husband will either need to maintain valid non-immigrant status or leave the US until his priority date is current.

The statement above is general in nature, 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.