Is it OK to send both applications together for i-130 and i-485 when I'm without status in US or should I get an attorney? 11 Answers as of September 23, 2013

I have overstayed my f-1 student visa. I'm currently without a status in USA, however, last week I got married to a US citizen. We want to start doing our applications already.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
As long as you have proof that you entered the US lawfully, you can submit the I-130 and I-485 concurrently. You may not need an attorney if you know what to do and do it correctly. Otherwise, it is very advisable to get an attorney to assist you since you want to do it correctly.
Answer Applies to: California
Replied: 9/23/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You may be eligible to adjust status even if your F-1 visa has expired, but this alone is not dispositive of whether you will ultimately get a green card.
Answer Applies to: New York
Replied: 9/23/2013
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You should always consult with an experienced immigration attorney, particularly when you are out of status. Even if you end up doing everything yourself, it does not hurt to ensure that you are doing it right.
Answer Applies to: Virginia
Replied: 9/20/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
Yes you should send everything together. Whether or not you need an attorney depends on the details of your overstay any other issues that may arise.
Answer Applies to: California
Replied: 9/20/2013
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
You should file both forms (and all applicable additional forms and supporting documents) all together as one comprehensive package. Your overstay does not matter for this process; so long as you have no criminal history, and so long as your marriage is genuine, you should be able to adjust your status.
Answer Applies to: Washington
Replied: 9/20/2013
    Preston & Brar, LLC | Jesse Brar
    You should send both your applications in together. Since you were in F-1 status and have been out of status, it may be a good idea to talk with attorney.
    Answer Applies to: Utah
    Replied: 9/20/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can file both, I-130 and I-485, concurrently.
    Answer Applies to: California
    Replied: 9/20/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You should get an experienced attorney. If done right, the entire process should only take about 3 months from start to finish. If you are represented by an attorney, you will better prepared to answer questions about your overstay.
    Answer Applies to: California
    Replied: 9/20/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    As long as you are married to a US citizen and entered the United States with inspection as a F-1 student, you can apply for adjustment of status even though you overstayed your student visa.
    Answer Applies to: Texas
    Replied: 9/20/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, submit both together, you should be ok because you were inspected when you came to the US, unless there are other issues.
    Answer Applies to: Michigan
    Replied: 9/20/2013
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