If I need to file for I-485 and attached the approved I-130, will it risk my not having the I-130 interview outside the US because I am already here? 6 Answers as of March 26, 2014

I entered the US legally as a visitor in 2002 and my stay has expired. I married a US citizen in 2010, filed for I-130 and has been approved in 2014. I received an interview letter and the Interview is April 1, 2014 at US Embassy and Consulate in Manila, Philippines. I am already here in the US since 2002 and the interview would probably be cancelled. I was told that I should have filed the I-130 and I-485 together after we got married. Will this affect my I-130 approved application if I file I-485? Will they return my original documents which NVC sent to Embassy? Please Help. Thank you so very much.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You should not have filed for consular processing if you have been in the US unlawfully for so many years because if you leave the US to attend the interview, you will be barred from reentry for 10 years unless you get a waiver. If you have already submitted your original documents to the NVC, you should try to get them back and file for I-485 with copies of documents, since originals are not required for the I-485 application.
Answer Applies to: California
Replied: 3/26/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
What you heard was correct; you should have filed the I-130 and I-485 together. You can now file the I-485 along with a copy of the I-130 approval notice. Filing the I-485 after the I-130 will not affect the validity of the I-130 in any fashion. You should also cancel any visa interview appointment and inform the US consulate in Manila that you will be applying for adjustment of status inside the United States. Unfortunately, the Department of State will not return your original documents to you.
Answer Applies to: Texas
Replied: 3/25/2014
Law Office of Eric Fisher | Eric Fisher
You could have filed the I-485 with the I-130, but you should be able to file the I-485 now. You should advise the Embassy that you want to adjust status in the US and they should send your file to USCIS when the I-485 is filed.
Answer Applies to: Colorado
Replied: 3/25/2014
Baughman & Wang
Baughman & Wang | Justin X. Wang
Just file I485 now.
Answer Applies to: California
Replied: 3/25/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You need to file the I-485. The fact that the I-130 was already approved should not impact your application.
Answer Applies to: New York
Replied: 3/25/2014
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