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  • I-485

    I want to know is it faster to file for I-130 or the I-485. Can I file for my husband or does my husband have to do this filing on his own.

    I know that it's cheaper to file the I-130 ($130) than the I-485 ($1,000). I am desperate and need information on the difference of the I-130 & I-485.

  • #2
    I want to know is it faster to file for I-130 or the I-485. Can I file for my husband or does my husband have to do this filing on his own.

    I know that it's cheaper to file the I-130 ($130) than the I-485 ($1,000). I am desperate and need information on the difference of the I-130 & I-485.

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    • #3
      I-130 is the petition for alien relative ($130)
      I-485 is the application for adjustment of status ($255 if over age 14, $160 under age 14, + $50 for fingerprints age 14-74)
      I-485A is a supplemental form for those eligible for benefits under INA 245(i) ($1,000)

      I-485 is filed to get a "green" card when you are in the US and an immigrant visa number is immediately available. You get an immigrant visa number by being the beneficiary of a valid petition (there are exceptions to this) such as an I-130, I-140, or I-129F. If you are in the US and an immediate relative (spouse, unmarried child under 21, or parent of a USC) the visa number is immediately available and you can file the I-130/I-485 together at your local INS office. If you are a in preference category (spouse/child of an LPR, married/over 21 child or sibling of USC) or are not in the US, the petition is filed with the INS Service Center and you wait (over twenty years if you are fourth preference from the Philippines).

      It does not matter who fills out the paperwork or pays the fees, but the petition (I-130) is signed by the US citizen or lawful permanent resident. The adjustment application (I-485) is signed by the person getting the "green" card.

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      • #4
        I just don't understand so I still have to file the I-130 then the I-485. I just don't understand what to do so I really guess I have to contact a lawyer then.

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        • #5
          So if my husband was here I could file the I-485 paper work to get a greencard. How long does that take.

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          • #6
            If you are a US citizen and your husband entered the US legally file:
            I-130,
            I-485,
            G-325A for you,
            G-325A for him,
            I-693 and supplement completed by a designated civil surgeon,
            I-864 with 3 years taxes,
            I-765 if he wants a work card,
            I-131 if he wants/is eligible for advanced parole,
            All required fees, photographs, and supporting documents,
            at your local INS office. Processing time varies from 4 months to 3 years depending on where you live.

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            • #7
              I am not a USC

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              • #8
                Then you can only file the I-130 at the INS Service Center. In 5 years the visa may be available.

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