My wife is not in the states do I have to file I-130 and I-485 at the same time?

Question

Please let me know if I have to file both forms I-130 and I-485 (affidavite of support) at the same time, my wife has to go to the U.S embassy for an interview after the I-130 is approved!

Some people telling me it can be filed seperately, is that right?

Answer 1

No.  You would only file an I-485 if she were here in the United States.  Since she's living outside the United States she has no status of any kind to change.

You need to file I-130, I-864 and G-325A.

Answer 2

Actually if you are an American Citizen, petitioning your spouse and she is able to enter the US with a visa to expedite your process you must file for all you applications at once including there corresponding fees.  If there is no way for her to enter and you still want to expedite her case file the I-130 with the I-129f (yes this is fiancee petition) but this will get her an appointment @ Consulate to enter legally and await the rest of her process time here with you.

Answer 3

http://www.uscis.gov/portal/site/uscis/m...

affidavit of support; I-864

form G-325: Biographic Information:

http://www.uscis.gov/portal/site/uscis/m...