I-130 Help

[Concerned20]

What is the name of your state? WA

I ask this question before but it seems like no one would reply.
If I file the I-130 alone would it be approved without the I-94#, "the I-102 is pending" or would it would be approve regardless.
But if I filed simultaneously with I-485 ,the I-130 would be approve but the I-485 would be denied due to in-sufficient evidence/I-94#.

I want to file just the I-130, can I go ahead and file it without the I-94# and file the I-485 when I have sufficient evidence of lawful entry. Someone please give me an undrstanderble reply.

 

[ImmigAttyLana]

Yes, you can have the I-130 filed and approved even without the I-94 since the approval of a I-130 petition does not grant you any status; it is simply an approval of a qualifying family relationship but it gives you no immigration benefits as such. Therefore, the issue of whether you have the I-94 to prove a lawful entry to enable you to get immigration benefits does not really come up in that discussion.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Ok I know it doesn't grant me any status/benifits.
But I just wanted to file it while the I-102 is pending also.I just want a start since I'm doing it by myself.

And I have a question,I need my flight # or airline records for evidence of lawful entry,I was told about FOIA/ Freedom Of Information Act to request information for records and stuff. If that doesn't work, I should contact US Customs and Border Protection. Is this so?

 

[ImmigAttyLana]

The I-130 really does not require any of this information as long as you can provide an explanation of your situation. The FOIA request can take several months.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Ok, would a written statement to USCIS explaining every single thing,would they accept that and try to find my records?

And do I have to send evidence in to prove bonafide marriage when I send the I-130 in. Or that's for the interview? I know I have to send in a copy of the marriage certifcate for sure. Do I have to send in wedding pictures, her social security card with my last name,her pay stubs with my last name and claiming married and our joint cellphone bill. With both our names

 

[ImmigAttyLana]

No, they are not going to try to find your records on their own, but they don't need to do that for the purposes of adjudicating the I-130.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Ok,I'm just praying they find my I-94

And do I have to send evidence in to prove bonafide marriage when I send the I-130 in. Or that's for the interview? I know I have to send in a copy of the marriage certifcate for sure. Do I have to send in wedding pictures,a copy of her social security card with my last name,her pay stubs with my last name and claiming married on her taxes and our joint cellphone bill. With both our names

 

[ImmigAttyLana]

No, you do not have to send in any of that evidence supporting the bona fide nature of the marriage with the i-130 petition. That's for the interview but there is no separate interview for the I-130. The interview is only if you are applying for adjustment of status on the basis of I-130 or applying for an immigrant visa at the consulate on the basis of an approved I-130. Just the approval of the I-130 is just that--an approval notice and nothing more.

 

[Concerned20]

Well the reason I ask that is because on the I-130 instruction sheet said ,addition required documents , should be joint leasing or ownership of property or written affidavits from family & friends etc...should I just ignore that.

And what is an immigrant visa? If my I-130 is approved am I eligible

 

[ImmigAttyLana]

An immigrant visa is something you would apply for at the US Consulate in your home country once the I-130 is approved. However, in your case, since you've been in the US and are now out of status due to your expired I-94, if you depart the US you will barred from reentry for a period of 10 years so this is not an option for you.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Ok thanks very much lana.
Do I have to be in status to get a State ID or temperary drivers license

 

[ImmigAttyLana]

Yes, you would, and the I-130 filing or approval would NOT give you that status, as previously explained.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Well I called my local dmv and they said I don't need a social security # to get a state id,all I need is proof of washington residence e.g like a utility bill etc with my name and washington address....and my foriegn passport, and if I want a drivers license I would have to sign a declaration proving I don't have a drivers license.


And about the I-130 I asked. You said I don't need to proof a bona fide marriage if I file the I-130 alone,but on the I-130 instruction sheet,it said I need to proof bona fide marriage or affidavits from friends or family, should ignore that or should I send in evidence.

 

[ImmigAttyLana]

AT the time of filing, you do not need to submit any such documentation.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[evcalyptos]

AT the time of filing, you do not need to submit any such documentation.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

This is not true according to the most recent version of I-130--additional peices of evidence BESIDES the marriage certificate are specifically asked for. Please see the most current version of I-130 and its instructions at uscis.gov

OP: YES, follow the instructions--I really don't know what you are hoping to accomplish by doing this, but god's sake man, get on with it.