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  • I-485

    My husband and I have an upcoming I-130 interview. I have not filed an I-485. Should I have filed that when I filed the I-130 back in 2001 or do I have to wait until the I-130 is approved then file it? Will his I-130 be valid until his 485 is approved?
    A bit of background...My husband was here 4 years ago as a visitor, he overstayed and was removed. Since then we filed an Application for Readmission, which was approved and a K-3 visa which was also approved. He's now in the states on the K-3 visa which expires Nov of 2005..

    Thanks for the help!!!

  • #2
    My husband and I have an upcoming I-130 interview. I have not filed an I-485. Should I have filed that when I filed the I-130 back in 2001 or do I have to wait until the I-130 is approved then file it? Will his I-130 be valid until his 485 is approved?
    A bit of background...My husband was here 4 years ago as a visitor, he overstayed and was removed. Since then we filed an Application for Readmission, which was approved and a K-3 visa which was also approved. He's now in the states on the K-3 visa which expires Nov of 2005..

    Thanks for the help!!!

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    • #3
      Do our laws mean nothing to you people?

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      • #4
        What do you mean by OUR laws? I'm a USC, yes my husband made a mistake by overstaying his visa, he paid the price, trust me.

        Obviously you don't know the answer to the above question.

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        • #5
          I am unclear on what interview you are speaking about. Is this an interview at a foreign consulate? Are you planning to have your husband re-enter the US as an IR1?

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          • #6
            He's already in the states on a K-3 visa

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            • #7
              You could send in the I-485 now, but files would get transferred and cause needless complications. At this point, you might as well wait for the interview. When you prove that yours is not a fraudulent or sham marriage, submit the AOS app. If fact, you could have the application all completed (with fees), and when they stamp the I-130 approved, ask for a photocopy and submit the AOS that very day.

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              • #8
                If the OP's husband is already in the states on a K3 and they haven't filed an I-485 then what interview are they waiting on? There is no stateside interview for an approved I-130. The only interview would be if the OP returned to their home country's consulate for an interview for the IR1, following an approved I-130. Stateside, the only interview would be the AOS interview following the submission of an I-485 and supplemental information. Please clarify.

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                • #9
                  It's probably a MFAS interview. I don't think their I-130 was approved. They can file for adjustment if it's approved.

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                  • #10
                    DebMpd, how did your husband pay the price? I also had overstayed my welcome here. I came in on a I-94 visa, but married before it expired. We just have not had the money to file the forms.

                    Gaz.

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