Family petition basics, explained.

There seems to be a lot of confusion regarding when the I-130 family petition and I-485 permanent residence application can be filed separately or concurrently. You can contact me to schedule a consultation for personalized assistance if you live in the United States.
You can schedule a consultation with me, Pouyan Darian, Esq., by calling [phone] or by booking online using this link: www.darianlaw.com/schedule-a-.... You can also email us at [e-mail]. Consultations are available by video, telephone, or in-person, and I represent clients throughout the entire United States.
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#i130
#i485
#adjustmentofstatus

[@alanmtb9927]

Thank you for the information. More power to your channel.

[@greciagonzalez8064]

Hey thank you for this information! I had a question, I have a step sister that I want to file for and she came in with a tourist visa. She has overstayed her visit and I was wondering if it would be better if she goes back and gets it renewed for me to file for her the I-130. Or is it okay if I file the I-130 even though she has overstayed her visit?

[@BeautyAct.]

Hello! For a Family-based adjustment status ( I'm US citizen, and applying for my brother who is physically here in the USA with a valid tourist VISA ). I sent the form-485, form-130, form-864, and all the fees all together in one package. They did process the form I-130 and its fees. And they sent me back all other forms and fees !. Why?!. What will be my next step?!

[@savemeows]

great video..one thing im not clear on..if you are in the us and you applied i 130 but not i 485 yet...and you leave us..can you get another tourist visa for us? as you are still showing an intent to emigrate to us..as u said if you filed i 485 you cannot leave ..nor get a tourist visa...so how are they different.

[@barbaraguven8010]

Hello, I have a German Birth certificate that also shows the English wording as well. So both German language and English language. Do I still have to get it translated to show all English wording?

[@daiagomes6778]

My mother filled a I-130 on 28/Feb/2013 (married son over 21). I was living in Brazil by that time. Now I am here with a F-1 visa. Up to now the petition was not approved yet. Questions: 1) Can I file the I-485 + I-765 asking the USCIS to change my address (to my address here) even if I haven’t heard anything about my I-130 approval? 2) How long is the time processing of those forms? 3) while I don’t hear from them is my F-1 visa compromised? THANK YOU!!!

[@duro_press_brake_tools1742]

Hello Dear Darian, I live in USA with E2 visa in VA. Two and half years left. My wife's sister is US citizen. Should we send I130 or send directly I485 form? Also other questions, after how many months I can make adjustment of status? Thank you

[@teddywetherby2387]

so I filed the I130 but did not file the I485 to have my wife come live with me in the US but then I found out I needed to do it together I was just going to do it in 4 months but now I am confused was I supposed to file only together and can I still file the I485 or do I have to now wait I just filed the I 130 4 days ago can someone tell me can I still file the I485 or do I now have to wait until the I130 is approved ?

[@-Brain.Body.Wisdom]

Thank you for this content. I got marry with a US citizen. What if I submit the I-130 online and immediately after the I-485 by mailing it? Is this a mistake? What is the best option?

[@mypphh97]

US citizen here with a spouse in Mexico that has border crossing card/ Tourist visa. Front your brief explanation, file i-130 and i-145 at the same time to speed up green card approval. Spouse cannot leave the US until she gets her permanent resident visa. Any comments to this greatly appreciated 🙏

[@DarianLaw]

Before you file anything you should consult with a lawyer to make sure you have a good plan. But yes, everything you said is correct.

[@sunilgurung7289]

Hello sir. I have a pending i130 ( my spouse has gc) from last year. I have a valid visa(h1b). Can I apply i-485 while my i30 is pending? Some articles and visa buletin says I can do that if my “date of filling” is “current” or exceeded my date of receipt. But i am confused with “final action dates” they are still back to 2018. Can you please clarify this?

[@agapeawad5665]

If a US citizen files a I-130 and I-485 for their parent who is in the US already on a tourist visa, can the parent leave back to the home country after the biometric appointment? Also what happens after biometrics? Will there be an interview the parent has to wait for in the US, or can he or she travel back to their home country and await the time to receive the green card and then return?

[@DarianLaw]

No, the parents have to stay in the US until the green card or advanced parole is approved. If they leave before then they will abandon everything and won't be able to return on the tourist visa. After the biometric appointment most people will receive employment authorization. After that they wait until there's an interview or green card approval.

[@wstt4]

Is Form i130 filled out by the sponsor so sponsor must create a USCIS account for themselves to file online and i485 is filed under my wife’s USCIS account? Separate accounts file separate forms? Thanks for the video.

[@DarianLaw]

The I-130 is filed by the petitioner, and the I-485 is filed by the immigrant beneficiary. You don't need electronic USCIS accounts for any of this if you file the paper versions of the form and mail the forms to USCIS. If you wanted to use USCIS accounts then yes, the petitioner uses their own USCIS account and the I-485 will be connected to the immigrant's USCIS account.

[@gabriela_huff]

Hi Darian - thank you so much for creating this channel. I have a question about filling a request for a green card for my sister while she is in Brazil. She has a tourist visa at the moment. Would she be able to travel to America with her tourist visa while the green card process is on going?

[@DarianLaw]

She can continue to use her B2 to travel if she has a pending I-130 family petition so long as she did not file the I-485 (application to adjust status to permanent residence). It is possible that CBP will question her about her tourist intent at the airport, and it continues to be your sister's job to prove her non-immigrant intent for each visit.

[@user-bj7mg7mq4f]

Hi Darian, for Canadian spouse of a landed US immigrant (PR holder)with a visit visa applying to adjust status in US , is one eligible to apply for I 130 separately? Coz we got rejection when we did and are asked to apply for both I130 and I 485 together ? Can the Canadian spouse remain in US while applying concurrently as well. Thnx

[@fisshy01]

Hi Darian! I am a USA citizen. My husband is a DACA recipient and he just re-enetred the USA with AP recently. is it just the I-130, I-485, and I-864 we need to fill out? Just want to make sure we are filling out the forms correctly. Also, if we fill out the papers do you offer services such as looking over it just to make sure its done right? Hope to hear from you soon!

[@DarianLaw]

Congrats on your husband re-entering with AP - that's amazing! The forms for MOST people in that situation are I-130, I-130A, I-485, I-765, I-131, and I-864. I recommend that you fill out all of the forms and create a list of questions that you want me to answer during the consultation. We can use the 55 minutes however you'd like.

[@ismaelcastelan4495]

What reason was used to apply AP. I need to start processing applications.

[@ilker1762]

Can Concurrent Filing be made between the I-130 form that my US citizen son will submit and the I-485 form that we will submit? It says on Uscis's page that it can be done. What is the latest situation? Since my son is a student, he has a very limited income and tax return, but we can show enough bank accounts for him and for ourselves. Would this be enough?

[@user-yj6gw9fg6m]

Hello. My question is: can my daughter who is 42 and a US citizen file for us one week after we arrive in US with visitor visa? Or should she wait some time around one month? Thank you

[@samuelmaiye3772]

Hi Darian, can a spouse file I-130, I-485, I-131 and I-785 concurrently for the husband that is already in the US with an overstay visa or out of status?

[@DarianLaw]

Generally the answer to your question is "yes." I have to say "generally" because there are some exceptions. For example, if the spouse overstayed a D-1 visa, then they are not allowed to adjust status through a spouse.

[@yiselloro8266]

Hello Darian! In order to qualify for the "Immediate Relative Exception" when applying for Adjustment of Status do you need to be married to a US Citizen or a Permanent Resident Alien also applies to that category?

[@DarianLaw]

You must be married to a US citizen. Marriage to a permanent resident is not an immediate relative.

[@yiselloro8266]

@@DarianLaw Thank you for the response.

[@stevenroshni1228]

Is just filing the I-130 (like the sibling example) going to make it harder to show non immigrant intent when wanting to visit?

[@DarianLaw]

Sometimes, yes. Although usually not for a sibling.

[@user-uo5fm5kj3j]

Dera Darian, we are USA senior citizens, and our married daughter (54y) has B2 visa until 2026y. She is in Russia, out of USA now. If we apply for I-130: a) I hope she can visit us while the petition is processing? b) Based on your experience, what is average time for the I-130 petition for our case? Regards Vlad

[@sashakhan4955]

which interviewing location should we choose if i-130 is filed separately due to traveling, and wanted to file i-485 later. Shall I leave the interviewing location blank , or file i-824 ? Please answer this.

[@DarianLaw]

If you indicate that you want the I-130 to be sent to a consulate, and you later decide to adjust status in the US there won't be a problem.

[@gustavocanete5149]

Hi Darian, my question is: I'm Citizen and my daughter are single over 21 year old here in the USA . Can apply for I130 and the I485 at the same time? Thanks for your help

[@DarianLaw]

No, you can't file for the I-130 and I-485 at the same time. The I-130 must be filed first because that category of petition has a 9-10 year waiting period until the visa number becomes available. Petitions from December 2014 are currently being processed.

[@user-xl8tf3ge6z]

hi darian i didnt file them concurrently. i130 got approved ..i just filed i485 and put n/a on the employment history .. parent is out of status .. any advise tnxs

[@vaganzalee1270]

Because my gross income is only about $33,000. Which is better, I-130 sponsor mom or dad first? how many years of W-2 i have to show ? Or can i show Only the newest W-2 or the last 3 months paystubs ?

[@DarianLaw]

You only need to show the most recent tax year (1 year of W2s and 1040 tax return). You might be able to petition both parents at the same time if your income is $33,000.

[@violetasantos1628]

Hi thanks for your great informations, can you clarify this question afriend entered america by k1 visa married a US citizen , she applied for greencard but traveled out America for emergency reason while greencard not yet received, how can she come back America to join the husband.

[@DarianLaw]

This is a bad situation. If she travelled before receiving advance parole or her green card then she needs to do everything through the consulate.

[@UK-yu2nc]

Hello Mr. Darian I am a US Citizen who married his spouse recently and will be filing the I130/I130A forms. According to my understanding once she is approved and upon entry to the US she will be a green card holder so do I still need to fill out the i485? Thank You.

[@DarianLaw]

I am assuming that your spouse is living outside of the US. Once the I-130/I-130A are approved she will have to go through the consular process for an immigrant visa. Once approved, she will become a permanent resident (green card holder) upon entering the US and there's no need to file the I-485. The I-485 is used when the spouse is already in the US and is not a permanent resident.

[@anmolchoudhary1565]

Hi Darian i have a question that i want to adopt a 19 year old boy he is on study visa in usa and I am citizen so can i apply permanent residency of him after adopting him?

[@jrz6241]

if the beneficiary is in the US on a tourist visa & filing concurrently, what address will i use as their physical address? Address abroad or address where they are staying in the US currently?

[@DarianLaw]

I use the address where they are living in the US because it makes more sense.

[@melaku6947]

hello Darian, I am a citizen and want to bring my parents to United state they live in Africa. am I allow to file I I-130, I-485 at the same time to save up some time. and One more question, When I try to upload birth certificate on their online form, it doesn't accept any document that has foreign language on the document. Should I just print the form and mail it

[@DarianLaw]

You can't file the I-485 if your parents are not in the US. You should upload the document along with an English translation in the same PDF file.

[@teamor28]

Can I file the i485 if my wife is overseas and I'm still waiting got the i130 to get approved? I'm a US citizens. If not is there anything I can do to speed up the process?

[@DarianLaw]

No, you can't file an I-485 if the spouse is not in the US. There's also nothing that you can do to speed up the processing of an I-130 petition unless it's outside of ordinary processing times.

[@joetorres660]

Hi! Question for you sir. My mother in law recently came here in the US with a tourist visa. She intends to get a green card. What form should my US Citizen wife use to apply for a petition for her mother? Thank you!

[@DarianLaw]

There are many forms that need to be filed, but the two basic forms that will generally get the process started are I-130 and I-485.

[@Jenaha88]

Thanks for your video. May I ask you two questions? Can I travel to the US with my B2 visa and then apply a I-485 petition while my I-130 petition (spouse category) is still being processed and hasn’t been approved? I wrote in my I-130 that I will interview at the US Consular in my home country but now I intend to travel to the US and apply I-485 so is it still ok? Please answer me and thank you so much for your support.

[@DarianLaw]

It is possible to do that, but you must enter the US with the intention of a tourist, which means that you must intend to leave the US after visiting. If you change your mind after you enter the US and decide to apply for permanent residence, then yes, you can file the I-485 and other forms while the I-130 is pending as long as your spouse is a US citizen.

[@Jenaha88]

@@DarianLaw thank you so much :)

[@akeemsmith6815]

Is it possible to change from sibling petition to parent ?

[@DarianLaw]

No. You need to file a separate I-130 petition. The good news is that you can file multiple I-130s simultaneously.

[@dennisamal2632]

Hi Darian, I have filed an I-130 petition for my parents and got approved last month (Now waiting for an interview date). Currently, my parents are in the US with a B1- B2 tourist visa. Since they are in the US, Can I apply for I-485 to adjust the status to the Green card without sending them back home? Thank you in advance for your response 🙏

[@DarianLaw]

It sounds like your parents might qualify for adjustment of status, but be sure to prepare all of the correct forms or consult with me if you need advice or representation.

[@ariinze]

Good day. My dad recently petitioned for us. He’s waiting for confirmation receipt from USCIS. I want to ask, he filled for my mom(The wife) my brother that is 20 but would be 21 in august, also me and my three other brothers that are more than 21 years old. Do you have idea the processing time in Texas and also will the application come out separately or is everything going to come out once because we’re family. Because I’m thinking maybe my mom’s and my younger brother’s would be out before us that is more than 21. Also, we’re not in the U.S. Only my dad is in the U.S. I’d be glad if I receive a feedback. Thanks!

[@DarianLaw]

Is your dad a US citizen or a permanent resident?

[@ariinze]

@@DarianLaw He’s a U.S citizen.

[@keivanghobadi7833]

Hi Pooyan! Can I file I-130 while my mother is in United states on a Non-Immigrant Visa?

[@DarianLaw]

You can file it at any time (if you are a US citizen over the age of 21) but it might not be a good idea. It depends on whether your mother intends to continue using her non-immigrant visa. You should definitely consult with a lawyer before filing it, even if you intend to file it yourself.

[@Inspira7ion]

So if the beneficiary wants to travel during the petition process he can’t file both forums together

[@DarianLaw]

Yes, but be careful because there are some instances where filing JUST the I-130 will also make it more difficult to travel because CBP will see that you have a family petition pending and may question your intent if you're travelling as a tourist.

[@Chil3nita_srt]

i might be a good topic for you to make a video on. I am a DACA married to a U.S. citizen. Came to the US in 2002 (lawfully) and overstayed (have not been back to my country since then). I was renewing my daca every 2 years but now i want to apply for my permanent residency through my spouse. I have no criminal records and own a house in the US, so do you think this process should be fairly quick? I am doing this without a lawyer because I originally applied for DACa without a lawyer as well so i dont think i will need one. Will i need, though, to submit I-130 & I-485 together? I am thinking yes, correct? Also, why does USCIS ask for my husband's birth certificate?

[@DarianLaw]

Applying for DACA is 10x easier than doing an entire adjustment of status without a lawyer, but it can be done if you are careful. In this situation you can submit the I-130 and I-485 together. USCIS asks for your husband's birth certificate to prove that he's a US citizen (if he was born in the US). Good luck!

[@hugostiglitz47]

You and I share the same story, I did it myself and it was super easy and quick.

[@fisshy01]

​@@hugostiglitz47 what forms did you and your spouse fill out? is it just the I-130, I-485, and I-864? im a usa citizen and my husband is a DACA recipient. He also just re-entered the USA with advanced parole. Just want to make sure we are filling out the forms correctly. is there anything that helped you while filling it out? any tips?

[@hugostiglitz47]

@@fisshy01 hi, those are the only forms I did, I did provide a physical by an approved doctor, I also provided a lot of evidence of my wife and I being together even way before getting married, pictures, lots of them, trips and family events. A pro tip: organize everything well, create an content page and organize accordingly, they appreciate that I heard.

[@GamingSnake102]

Hi Darian! My sister filed petition for me and my i-130 is approved. Currently I am in USA as student. we got i-797 form where it asked us to file i-485 along with the i-797 form. what should I do now? will my student visa be violated for that?

[@GamingSnake102]

moreover my priority date is 2013, so I believe it's not current. really confused with the i-797 form.

[@DarianLaw]

You can't file the I-485 until the priority date is current.

[@owoaheneacheampong]

Hi Darian I need your help. I'm a Ghanaian with my spouse in the USA. She filed for me since April 2018, our documents were documentarily qualified in July 2020 waiting for an interview appointment date and as at now I still don't have it. How can you help me please?

[@DarianLaw]

Some consulates are really backed up. You should try to contact the NVC to see what's going on. There isn't that much that I can do for you in this type of situation.

[@deboramorenogonzalez4217]

I am a us resident. My daughter is over 21 and with a tourist visa. Can she stay before her visa is expired and file concurrently? Or should i apply first and after approval she applies to i485?

[@DarianLaw]

Your daughter definitely cannot overstay her tourist visa. If you file an I-485 it will be denied for multiple reasons ((1) overstay, and (2) visa not currently available in that category). When a permanent resident petitions for an adult daughter, the daughter will first need to wait for the priority date on the I-130 family petition to become current. At the moment priority dates from January 2017 are current, so she can expect to wait around 7 years before she can apply for permanent residence (or an immigrant visa). You can see the processing times for July 2023 here (see category F2B in the second chart): travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html

[@kakauzitinha]

The F1 category can file I-485 and I-130 concurrently?

[@This_Planet]

when filing for two children do i have to put them on one USCIS account?

[@DarianLaw]

The account is the petitioner's account (your account). You are filing, so all of your petitions will be associated with your account.

[@tanyaspasova5762]

In this case she should only fill in I130 for kids or i485 as well? Thank you

[@ThanxBeToGod]

SITUATION: Non US citizen spouse is a lawful, USCIS work permitted (A-numbered, & with SSN) parolee/war refugee, presently residing in the US, with a minor parolee/refugee non-US citizen child. US Citizen spouse submits I-130 with I-130A for the wife, and receives receipt number. Q1: Do we need to submit an I-485 for the non-US citizen, parolee/refugee spouse? Q2: May a US citizen spouse submit an I-130 for an unadopted non-citizen step-child? Q3: Should the US citizen spouse submit an I-485 for an unadopted non-citizen step-child, a child presently and lawfully residing in the US?

[@DarianLaw]

(1) Yes, assuming the spouse qualifies. There are other forms that also need to be simultaneously submitted. (2) Yes, so long as the US citizen married the non-citizen step-child's parent before that child reached the age of 18. (3) Probably, but I can't say for sure without more info.

[@efaea]

Thank you for this very informative video, I have a daughter that will be 21 in July, she is a student and I am paying her fees in a University in NY, I am a little over 51 and work in Africa, as she is a student, will this affect the filing of I-130 for me? When it comes to prove of funds, I can say that I am well prepared for that but I am concerned that the filing may not be appropriate while she is a student, I will appreciate your clarifications on this.

[@DarianLaw]

She can petition for you now. She can use a financial joint sponsor in the future when she is required to submit the affidavit of support.

[@efaea]

@@DarianLaw Who is a financial joint sponsor?

[@DarianLaw]

@@efaea Your question suggests that you are concerned because of your daughter's status as a student, so I assumed you are asking whether her lack of funds is going to affect the viability of the petition. Your daughter will eventually need to prove that she earns enough income to support you, and she can do that through a financial sponsor. The financial sponsor must be a permanent resident or citizen of the US.

[@efaea]

@@DarianLaw Understood. I am supporting her and that is why it is strange that she will have to proof that she can support me when I actually don't need her support😀 Many thanks for your replies, very much appreciated.

[@DarianLaw]

@@efaea Yes, I understand. She will still need a "joint sponsor" to comply with immigration law.

[@reginaowusuansahscottowus745]

Hi Sir,am a US citizen and my brother is currently on an F1 visa here studying. Can i file i130 and I-485 for him now? Since he is already here,will it take that long?

[@cllhicqani9678]

Have you got any response.

[@Caribbeanvibes25]

Hello, I would like to file for my mom and two siblings they live in the US. Can I file for them at the same time? Where do I begin.

[@DarianLaw]

Yes you can file for everybody at the same time. Most people begin by filing the I-130, but that might be a waste of time/money depending on the exact circumstances. I recommend scheduling a consultation with me or another immigration attorney to go through all of the details and to create a plan.

[@Caribbeanvibes25]

@Darian Immigration Law thanks so much I will how much is a consultation?

[@sksisjididje-wk1dj]

Hello i have question i have already case file asylum to uscis 1 month ago and i was 17 now i am 18 i know about sij

[@DarianLaw]

Some states in the US (such as New York) allow you to do SIJ until age 21.

[@vaganzalee1270]

I am a 21 years old US citizen living in Ohio State. I want to sponsor my parents through I-130. But parents live abroad, 15 years ago returned to their country, my father was overstayed and my mother was an asylum seeker but voluntary departure and return home with my father, will it be a problem ?

[@DarianLaw]

Hard to say, but they probably won't have problems re-entering IF (1) your father had no other history of immigration problems and merely overstayed and has been outside of the US for 10+ years, and (2) your mother received voluntary departure and physically departed the US during the allowed departure period.

[@vaganzalee1270]

Because my gross income is only about $33,000. Which is better, I-130 sponsor mom or dad first? how many years of W-2 i have to show ? Or can i show Only the newest W-2 or the last 3 months paystubs ?

[@NurulIslam-uh5vb]

Where is office location,we Wish to contact for filing I130 and I130a.

[@DarianLaw]

New York. Please read the video description if you want to schedule a consultation. You can book it online or call us at [phone].

[@katrinsamy4209]

I am a us citizen I want to petition for biological father , biological mother, and 11 years old biological sister. My question is if I petition for my sister will it slow my father and mother application ? since my sister will be under another category

[@anthonysingh2519]

Hello! My sister petition me however i got my approval notice I-797. I want to file adjustment of status would it cover both me an my wife? An yes i do have a tourist visa which i use to visit my siblings in NY Thanks you so much

[@DarianLaw]

You should watch my video about sibling petitions. It's very difficult to file for adjustment of status based on a sibling petition because of the visa backlog.

[@anthonysingh2519]

Thanks you! What are my options an do you have an office in new york I would like to set an appointment!

[@dwaindixon3187]

When will green cards interview start in Jamaica

[@DarianLaw]

My cases in Jamaica are taking a very long time, so you aren't alone. I don't know the answer.

[@diegobarquero4979]

My father who is LPR has petition for me to become a green card holder But i have daca Is any way we can make the process faster I have a disability

[@DarianLaw]

You can't adjust your status to permanent residence in the US with this category of petition. In the best case scenario you will have to go to the consulate abroad. Also, there is no way to accelerate this type of I-130 because it is subject to the visa bulletin.

[@diegobarquero4979]

@@DarianLaw thanks

[@okairebarrett9599]

I want to hire you for my green card marriage case i of to book appointment?

[@DarianLaw]

You can schedule a consultation through my website or call [phone].

[@ANAYHARSH-oc6mk]

My i-130 form has filled... 5 year ago.. I want to do higher study in USA.. is it possible

[@DarianLaw]

Yes, it's possible.

[@happyying4991]

What about I-824 form?

[@DarianLaw]

I have honestly never needed to file this form. Why are you considering filing it?