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Once I have the I-130 approved, can I wait a long time before filling out the I-485

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  • Once I have the I-130 approved, can I wait a long time before filling out the I-485

    My wife is a naturalized US citizen from Venezuela and is considering using the I-130 to establish the relationship between her and her 2 parents as well as between her and her 2 sisters. The idea is to get the I-130 approved for all for of them, and then, as different family members get to the place in their lives to come to the United States, apply for residency (I-485). The question is, after getting the I-130 approved how long can we wait before filling out the I-485? Would we lose our right to fill out the I-485 if we were to wait too long? Would we have to fill out the I-130? Would the government be less likely to grant the I-485 if we were to wait a long time to fill it out? Thank you for you help.

  • #2
    Are the parents and sisters currently in the US? If so you can file the I-130, I-485 & G-325As all in 1 package to USCIS. If they are in Venezuela she would file only the I-130 and then she will be notified to by USCIS that her information will be sent to NVC. Once NVC receives the information they will ask form more forms, paperwork & money.

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    • #3
      Originally posted by azaritzky View Post
      My wife is a naturalized US citizen from Venezuela and is considering using the I-130 to establish the relationship between her and her 2 parents as well as between her and her 2 sisters. The idea is to get the I-130 approved for all for of them, and then, as different family members get to the place in their lives to come to the United States, apply for residency (I-485). The question is, after getting the I-130 approved how long can we wait before filling out the I-485? Would we lose our right to fill out the I-485 if we were to wait too long? Would we have to fill out the I-130? Would the government be less likely to grant the I-485 if we were to wait a long time to fill it out? Thank you for you help.
      You have the process all mixed up. It seems your wife’s parents and siblings are not in the U.S. For relatives who are abroad, once the I-130 is approved, immigration will inform your wife and her family members about the next steps in getting the immigrant visa at the U.S. Consulate.

      For her parents, the I-130 approval and visa processing will all happen within one year, most likely. Once they get their visa and come here, they will be deemed to be legal permanent residents and will to have to file any additional paperwork.

      For her siblings, it will take approx.. 10 years before they are called to get their visas stamped at the U.S. Consulate even after the I-130 is approved.

      If your wife’s family members are in the U.S., then her parents can file the I-485 along with the I-130. Her sisters cannot file the I-485 until their number comes up because there is a quota that applies to them. They will need ot wait 10 years and in the meantime, they must maintain legal status in the U.S. They cannot file I-485 unless they are here legally.

      Your wife should hire and speak to an immigration attorney.

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