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Citizen living outside the US. Intending to move to US. Have…

Customer Question
I am US citizen...

I am US citizen living outside the US. Intending to move to US. Have filed for I-130 for spouse, who is outside US. Stepson (under 21) is currently in US at university on F-1 Visa. Also filing I-130 for him. Do I need to file I-485 concurrently with I-130?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

For spouse, yes. For stepson, no.

Lawyer's Assistant: Have you talked to a lawyer about the green card?

No. Trying waddle through myself.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, basically, I am ready to file the I-130 for step son. Just need to know if any harm for not including the I-485.

Submitted: 4 months ago.Category: Immigration Law
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3/21/2018
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,370
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

How old was the step-son when you married his parent?

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Customer reply replied 4 months ago
Eight
Customer reply replied 4 months ago
eight
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago

Ok. Good. There is no harm, per se, in just filing an I-130 for him as long as he does not plan to transfer schools or travel outside of the U.S. until you file the I-485 for him. Why? Because the I-130 doesn't give him any actual immigration benefits like a work permit or travel permit and is evidence of immigrant intent and to use the F-1 status, he needs non-immigrant intent. So as long as he doesn't need to transfer his status or leave the U.S. and come back in using the F-1 visa after you file the I-130, the you should be fine filing just the I-130 for him.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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