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I-130 and I-485

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  • I-130 and I-485

    What is the difference between these to forms? and which one takes longer?
    thanks so much for any help

  • #2
    What is the difference between these to forms? and which one takes longer?
    thanks so much for any help


    • #3
      This website has the difference between all BCIS forms:


      • #4
        I am waiting for my green card so what one am I waiting for then?
        Thanks so much!


        • #5
          I-485 is the application to Register Permanent Residence or Adjust Status to Permanent Resident, i.e. "green card" application.

          In order to be eligible to file an I-485, you need to meet the requirements of the Immigration and Nationality Act (INA) granting lawful permanent residency. You will notice on the side of the I-485 application, where it says, "FOR INS USE ONLY", there is a bunch of little numbers: Sec. 209(b), Sec. 245, Sec. 249... etc. This corresponds to the box you answered in Section 2 of the application and is for the Immigration office to compare your situation with the requirements of the law.

          Most people ADJUST under INA Section 245. To very briefly summarize 245- it says if you are legally in the US and have an immigrant petition w/ available visa, you get a green card if you aren't a criminal.

          "How do I get an immigrant petition?" you ask. Easy, have a relative or employer petition for you: Petition for Alien Relative, I-130, Petition for Fiancé(e), I-129F (technically a nonimmigrant visa, but used for immigrant status), Petition for Alien Worker, I-140. The bonus for immediate relatives (spouse, parents, and children of USC) is you don't have to wait to get an I-130 approved. You can file it along with the I-485 (One Stop AOS).

          "Do I have to have a petition?" you ask again. No, not if you are registering instead of adjusting. For example Cubans who swim to shore or anyone who has lived continuously in the US since prior to 1972 can REGISTER, i.e. file an I-485 without a petition.

          "But I know someone who got a green card without filing an I-485!" you say. They probably went through Consular Processing. It is pretty much the same thing as AOS, but instead of Immigration doing the paperwork here in the States, the State Department does it overseas. They give you an immigrant visa, and when you enter the US, you get a green card (in the mail... eventually).

          The Grand Poo-Bah
          Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs


          • #6
            In case you still weren't clear: 130 and 485 are not either/or forms. You *always* need the I-130 to ask for a green card. If you don't want to get it at a consulate abroad, but rather while *in* the United States, you wil ALSO need the I-485 (and other supporting docs).


            • #7
              Hi Katycab,

              thanks so much for your help, but I don't know why I can't understand this whole thing. I know it should be simple.
              So far,about 14 months ago, I filed with BCIS after getting married here while I was visiting. I have already gone for fingerprints and have received work authorization, ss# etc...Now all I am waiting for is my last step...the interview to hopefully be approved for my green card. So when I check the processing times on this site, what should I be looking at,I-130 or I-485.
              I am sorry if I can't grasp this. I am not a stupid person, It is just not clear to me.
              Thanks again for yours and everyone else's help.


              • #8
                I-130 basically for you to get the ALIEN NUMBER, which is you already got it coz' by married to US Citizen, you become a immediate relative to your husband. If you noticed, all your letters or receipt after that have the alien number. Basically your I-130 is approved.

                Now, you just have to wait for your I-485 (Adjustment of Status). You will know the result of this after your AOS interview with the USCIS officer. When they stamped your passport, that means your I-485 is approved. Did you get your interview date yet? When you filed and where?


                • #9
                  Hi Me2,
                  Thanks so much for clearing that up. That was all I needed to know.
                  I filed Sept.2002 in the Dallas Office. So hopefully I hear something soon. Are you waiting as well?


                  • #10
                    Hi Martha,

                    Yes I did filed mine at Vermont and then they transferred it to Baltimore. I filed on May 28, 2003. My AOS interview this November 19, 2003. Its only took less than 6 months since I filed it.


                    • #11
                      That is so great for you that it took such a short time. What country were you originally from?
                      What was your interview like? I have heard such horror stories as well as the opposite...being so easy.
                      I would love to know what yours was like.


                      • #12
                        Hi Me2. Hope everything is smooth sailing for you this Wednesday!! come back and let us know how it went for you


                        • #13
                          Thanks guys ...I sure update the result of my interview. All paperwork is done. I prepared most of it a month ago, just need to polish whatever necessary.

                          About horror interview, actually I believe that sometimes depends on the interviewer mood. But it will help if we REALLY prepared! So it will make their job easier and take less of their times.


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