Legal Question in Immigration Law in South Dakota

Aos i-485

I came to US as a visitor, got engaged and saw a lawyer who told me not to get married until we could afford our I485. We got married and now want to adjust. I have overstayed however by almost a year as we were living off 1 salary and it was hard. My question is, do I need to file a I-130 as well or just the I485.


Asked on 5/15/09, 1:46 pm

2 Answers from Attorneys
Tsui Yee Yee & Durkin, LLP

Re: Aos i-485

You need to have an I-130 petition filed because that is the basis for your I-485 adjustment application. You do not mention whether your spouse is a US citizen. If your spouse is a US citizen you can file both simultaneously; if not then your overstaying may be a bar to you adjusting status. You should contact an immigration attorney to ensure that this is not a potential issue before filing anything.

Read more
Answered on 5/15/09, 2:03 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Aos i-485

Assuming your spouse is a US citizen. You need to file both I-130 and I-485 to get your permanent resident status.

Please contact our office if you need further help.

Read more
Answered on 5/15/09, 3:10 pm


Related Questions & Answers

More Immigration Law questions and answers in South Dakota