Legal Question in Immigration Law in Texas

Is my wife ready to file I-485?

Hi,

My wife entered the US illegally in 1992. She has a petition on her behalf submitted by her dad(now an US citizen)with priority date of Jan. 10 1995. I am an US citizen myself and got married last December 06, 2005 to my wife. Can my wife now submit form I-485 which would allow her to adjust status here in the United States without having to go back to Mexico? Do I need to file a I-130 before my wife can submit I-485?

Can both applications (I-130 and I-485) be submitted together? Is section 245i and the grandfathered clause what my wife would be using at the time that she submits her applications in order for her to stay here in the US while adjusting status? Thanks for your help.


Asked on 1/18/06, 5:21 pm

3 Answers from Attorneys
Carol Saliba Attorney at Law

Re: Is my wife ready to file I-485?

Both I-130 and I-485 can be submitted together as a "one step". You must also submit the I-485 Supplement A and the $1,000 penalty in addition to the regular filing fees. Le me know if you need any help putting everything together.

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Answered on 1/19/06, 3:31 pm
Gabriel Jack Muston & Jack P.C.

Re: Is my wife ready to file I-485?

yes, the all of those questions. She, of course, however, would need to provide far more then just the documents you listed.

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Answered on 1/18/06, 5:25 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Is my wife ready to file I-485?

Assuming there is nothing out of the ordinary (such as criminal record, etc.) you are allowed to file for your wife. You would have to refile the petition along with the Adjustment of Status but there is a significant amount of additional documentation that must be submitted. It does also appear that your wife is grandfathered under 245(i) but I would like to see what was filed by her father and the final outcome. Feel free to contact my office if you would like to set up a consultation.

All the best,

Sameer Kumar

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Answered on 1/19/06, 10:32 am


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