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Can i file I-130 and I-485 together on August 2013?
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Christina
8/12/2013 10:23:55 PM
Total Post: 1
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Hi Amazon, I am a permanent resident and my husband is holding travel visa . He is decided to migrate to U.S on March 2014. So can i help him to file a form I-130 and I-485 together before August 2013?coz, what i know is there will be in current process if we submit the application on August 2013. , if I only can apply I-130 for him now ( the reason is because he is not in U.S recently) how about if he entry to U.S,A next year, it means he will be physically in State, then the form should be in I-485 isn't it? hope you understand my question and give me a direction.
marione05
8/13/2013 10:38:09 AM
Total Posts: 41
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For what I know, your husband cannot adjust status if he is on travel visa. He can only do that if he is on a work or student visa. You should file your petition regardless if the VB is current or not.. So that the processing can start. Because sadly, for spouses of LPRs, it takes around 2-3yrs before we get reunited with our better half..
marione05
8/14/2013 3:09:58 AM
Total Posts: 41
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[quote=marione05;2580]For what I know, your husband cannot adjust status if he is on travel visa.[/quote] Pardon me, he can adjust on travel visa. But according to the majority, it may be a ground for visa fraud. You may file for adjustment, however, expect a difficulty because the intentions of the travel visa will be questioned. I hope this helps.. Best of luck!
Amazon
8/16/2013 7:03:32 AM
Total Posts: 591
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I will add more details to what Marione wrote above. If your husband is not in US, you can file I-130 application right now. You can file I485 application only if he physically resides in US. Some people travel to US only to file I485 application using visitor visa. Depending on various factors, this is not allowed; since visitor visa is non immigrant intent; whereas if you enter US to file I485 application, it is assumed that the intent was to enter US to immigrate. This would obviously be considered as fraud. However people have entered US on visitors visa and have successfully submitted I-485 application. Please see link below. It would also help if you talk to your lawyer. http://www.peerallylaw.com/en/content/view/562/


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