-David

Hey All,

I had a vacation visa and have overstayed my visa illegally for a
number of years (approxim 3-5). I recently got married to a US
citizen. Again, I am here in Florida. Must my wife still fill out
and submit a I-130 even though I am not outside the USA?

I have already filed my I-485 package and it included an I-130. I
have noticed that the timeframe for processing an I-130 is far greater
than the I-485 form. It might have been better to file the I-130 a
number of months prior to filing the I-485. I hope this does not
cause a problem. I also hope that it was correct of my wife to file
an I-130 for me since I am here in the US and not overseas.

Any comments would be appreciated.

-David

Noorah101

Well.....when you are already here in the USA, the way to submit your AOS package is to include both the I-130 and the I-485, plus all other supporting forms and documents, all at once, to the Chicago lockbox. If you've done something different than that, you've done it wrong.

Rene

Noorah101

If this package was sent to the Chicago lockbox, this is correct.

Did she file *another* one, in addition to the one you included in the AOS package? If so, she shouldn't have done that. If you're talking about the I-130 that was in the same AOS package, that was correct.

Rene

Noorah101

This is only if you're outside the USA. You were inside the USA when you filed for AOS, so sending them together was correct. You'll only follow the timeline for the I-485 processing now, not the I-130.

Rene