kristinw

Hi!
I am wondering if it's mandatroy to file these two forms together, since my UKC partner is in the country already on a soon to be expired vwp or if the I130 can be filed a time before the AOS.
I suppose I should be directing this to an immigration atty, but its saturday!
Thanks for your help

Elvira

IANAL.......... but I think it would be ever so helpful to file the 2 together.

Lest never the twain shall meet

Obviously, the references to 'partner' and 'vwp' do raise some concerns...

(Did you ever consult that attorney.......... as previously advised...)

meauxna

You can only file I-130 for a spouse, so you must be married to start this.

The I-130 gives NO immigration benefit to your husband in the US. It does start an immigrant visa process for him, which he probably doesn't want.

I don't know how hard it is to add an I-485 on later, but knowing USCIS, it adds a layer of complexity that you probably don't want.

Noorah101

Did you get married yet? You guys have to be married before you can start his AOS process.

Yes, the AOS process consists of filing the I-130 and I-485 concurrently, along with I-765 and I-131 if he wants to work and travel outside the USA while waiting for his green card to process.

Are you no longer financially challenged?

Rene

kristinw

we arent married yet and my father is considering lending us the 1355.00 and being his sponser

just with taxes due, not sure if he can loan the whole 1355.

im quite upset emotionally thinking of all the money involved in this process, no matter which way its done...

thanks for your replys it does help xx

kristinw

355. and 1010. is 1365. my apologies


to answer the earlier ? We have not consulted an atty yet. I have read the A1 A2 G4 pamphlets from USCIS and it clearly states if UKC is in the country and the wedding was not planned (obviously as we havent got a plan yet and its 2 weeks till his vwp expires)

guessing we will do that this week

sorry for the trouble

Ozzidoc

I dont know the full story here.

However, could you not just go down to the courthouse/civic center, buy a license and get married on the spot?

We did that. Decided on the Tues, hitched on the Sat.

kristinw

that sounds great!

How soon after the marriage do the forms have to be sent in to USCIS?

Is he allowed to wait in this country for the forms to be processed with an expired vwp?

I swear I've read every post and site I can find and have just made myself more confused..contacting an atty this week

Ray

Ah !! but you circumstances are totally different
you were leaving the US a few days later this OP apparently
does not intend to do that...

Ray

See the Attorney and take his confidential advice ...

Ozzidoc

yes, i understand that. however, would it not be better that they get married and then AOS while he's in the country? Or does that really screw things up?

Or you think a K visa from his home?

(I know, a little knowledge is dangerous!!)

Ray

Umm ..not my position to say ...
But do I believe this spur of the moment things are real ....

Not for a second ... I await the flack ....

kristinw

Is he allowed to wait in this country for the forms to be processed with an expired vwp?


that is merely a question NOT a statement, trying to figure out the best way to do things....

Ray

As I already said..get the confidential advice of an attorney ...

kristinw

will do and thanks again