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Can I-130, I-485, etc. be filed concurrently if there is an NTA?

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  • Can I-130, I-485, etc. be filed concurrently if there is an NTA?

    Hello all, I need help, because I've heard different answers from different attorneys, INS officials... My wife is a USC, we just got married, and I was issued an NTA after we got married, allegeding I overstayed my visa. Some people told us we should file the I-130, while waiting for the court date, and other said file the whole package. Can I file all concurrently if I have this NTA--with no date set hanging over me? What's the best course here?

  • #2
    Hello all, I need help, because I've heard different answers from different attorneys, INS officials... My wife is a USC, we just got married, and I was issued an NTA after we got married, allegeding I overstayed my visa. Some people told us we should file the I-130, while waiting for the court date, and other said file the whole package. Can I file all concurrently if I have this NTA--with no date set hanging over me? What's the best course here?

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    • #3
      You should file all papers i.e. sponsorship and your AOS papers alongwith I-765 for EAD asap before you get a date in the court.
      Good luck.

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      • #4
        So I can file the whole package: I-130, I-485, aff. of support, work authorization... at the same time, as long as I do not have a court date? On the I-485, there is question, if I have ever been under removal proceedings, or if I am now, what do I check for that? Also, if I had a work permit under a prior petition (since revoked) do I consider my new authorization for work to be new, or a renewal. My work permit doesn't expire until Feb. But I was told by one official I couldn't use it anymore, because I revoked my prior petition, and by another official that I could use it until it expired.

        Thanks so much for your advice

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        • #5
          You should file i-130 at the minimum before you see judge. atleast you can say you are filed for petition based on marriage to USC. other wise judge has no option for you but to deport you.

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          • #6
            you got married...filed for AOS..then instead of processing yr file they sent you a NTA just because you overstayed ??? is this a new law or is there more to the story guest ???
            Because if you overstay yr visa and get married usually there is no problem if the marriage is a real one...

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            • #7
              Marriage is real. We have been together for almost 2 years. Pushed up the date of our marriage (was supposed to be June), because of Special Reg. When went for Reg., they issued NTA, because I was out of status. I was told I couldn't file any paperwork until I saw the immigration judge, but, after talking to a lot of people, lawyers, officials, officers, some said I could file all this stuff, because the NTA is allegeding an overstay which doesn't matter if you marry a USC. Does that make sense? Can anyone help me make sense of this?

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              • #8
                You did a big mistake not to file before Reg.
                NTA was issued because you was out of status, now you are refered to Immigration court. means the Court have the jurisdiction on your case. INS lost the jurisdiction.
                Try this: i,m not sure if it will work but its worth a try.
                File an approvable I-130 and G325, and take it to your local INS office. Lets see what they say? They might send you back and will say you can adjust your status in immigration court. in this case they might keep your money and give you all the form and receipt, this receipt will be enough to show the judge. if they accept your application then you can't ask anything more, if not you can ask judge for AOS as you are married to USC and you tried to file I-130 which was not accepted because of this NTA and INS lost the jurisdicition on your case. Judge will consider that and remand you back to file the paperwork.

                Caution: don,t ever miss your NTA date. no matter what

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                • #9
                  Thanks Mohan, but couldn't file before registering. Didn't have official marriage license... (state-issued) Also, don't have NTA date yet, it isn't even listed in the court system. So, you are saying I should go down to the INS and try to file there, see what they say? The guy that gave me the NTA said, I could've filed with him, if I'd have had all the stuff.

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                  • #10
                    yes Mohan is right..so guest just go and do it..try to file before to see a judge...sometimes INS officers give you different answers....
                    good luck

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                    • #11
                      You should have marriage license. if not then get register and try to file with INS. Even your court date is not set you still have to try. Go get the license from the marriage registration office and file the papers, if they denied to get your application then you have proof that you tried. This is an option Judge have to see otherwise either you will be deported or issued VD. both cases you will be in bad situation.. got it?

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                      • #12
                        Thanks, I have marriage license now, it just took so long to come in the mail. I will go Thursday and try to file. What is VD (I am assuming not veneral disease???)

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                        • #13
                          LOL- Voluntary Departure We need to have humor in this site sometimes.

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                          • #14
                            Hello Guest, sorry I responded kind of late to your post, but I was/am in the similar situation, fortunately I am kind of coming out of the tangled part... Things are getting better...

                            Mohan is the best source here to help you on the matter... He had the same experience...

                            I want to share my experiences too so you can have an idea...

                            First I have this link I got from a friend on this forum, check that out...

                            www.vkblaw.com/law/aosproc.htm

                            You were married before the proceedings, that might be a good thing, because the judges sometimes consider that. At one immigration hearing of mine, my attorney asked the judge to terminate the proceedings and remand the case to the District Office, but the IJ asked if the marriage was entered before or after the proceedings commenced. If I had gotten married before the NTA, the IJ was to close the case. But now she is waiting for the approval of I-130.

                            As for I-130, my attorney only filed the I-130 since he says I-485 can not be filed until the proceedings are terminated. As Mohan said, now your case is being handled by the Immigration Court and Adjustment Of status will be processed by the IJ. Again that depends on some courts. In MN the court processes it.

                            I wish you and your wife the best...

                            Keep us posted

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                            • #15
                              Bush, where you have been? We've not seen you lately?

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