Britinpa

I married a USC on june 30th 2007, i`m a UK citizen. We married in the U.S. while I was on a i-94w. I went back to the UK shortly after we got married and my wife submitted an i-130 along with the required paperwork on July 11th. I have since returned to the U.S. on a i-94w and since my return have been reading about an i-485. I had a consultation with an immigration lawyer yesterday and he seemed to think that the i-485 was used to bring somebody in to the U.S. As I understand it the form is used to adjust status from within the U.S. so should it have been submitted with the i-130?, if so is it to late to send it now? Also as my i-94w expires at the beginning of November so wouldn`t I get caught out at any interviews regarding the i-130 assuming they would take place after the i-94w expired? Ideally I would like to be able to arrange everything from the U.S. and therefore be able to stay with my wife. Any information greatly appreciated...

ian-mstm

Yes, you *could* have submitted it at the same time and *not* left the US. However, that was then and this is now. Since you filed the I-130 without the I-485, you can not now file the I-485 until after the I-130 is approved and you get the visa and you move to the US. I'm sure that someone will correct me if I'm mistaken.

Ian

meauxna

OK. i believe you are mistaken.

OP--I also think you should meet with another lawyer, who knows what he's talking about.
You will probably be happy with the result.

PS: I say that about the lawyer, because you can clearly read the purpose of the I-485. If he can not, he is not who you would want giving you advice.