Immigration Issues/I-130 & I-485

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Question
my wife and i decided to get married 6 weeks after she arrived. she can remain here legally until nov. 2. we have filled I-130 with uscis. but it says in the instructions for the I-485 that we must have a approval notice on the I-130 before we can send in the I-485 package. can my wife remain here legally until the I-130 is approved or must we file the I-485 package with uscis before the nov. 2 deadline for her to remail here legally. thanks.

Answer
Hi,

I-485 can be filed concurrently with the I-130. Alternatively, I-485 can be filed after I-130 has been filed. I recommend that you now wait until the USCIS has issued the I-130 receipt notice (about 2 weeks after filing of I-130) and attach copy of this receipt notice when filing the I-485.

Your wife can remain legally in the U.S. only if the I-485 is filed no later than Nov. 02.

The following information may be helpful: www.h1b1.com/Uscitizen.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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