Agoura Hills, CA asked in Immigration Law for California

Q: Can the 1-485 be filed without the I-130 petition? Got married to an EU citizen who was visiting me in US on an ESTA.

I'm a US Citizen that just eloped with my EU Citizen boyfriend. We met in Europe while I was studying abroad. He came to visit me here in the US on an ESTA and (roundtrip ticket) with every intention of returning back to his Visa Waiver Country, however, about 5 weeks into the 8-week trip we decided to get married. Now we are attempting this immigration (Green card) process without assistance and don't want to make any mistakes in filing paperwork for an adjustment of status. USCIS is not reachable via telephone. And the Chatbot is worthless. My question is do I still need to fill out the I-130 petition for my spouse on his behalf? He is currently in the US and his ESTA (I-94) is still valid. We are college students that DID NOT PLAN to marry now. Sure am happy we did though!

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1 Lawyer Answer
Al Parsad
Al Parsad PRO label
Answered
  • Immigration Law Lawyer
  • Rohnert Park, CA
  • Licensed in California

A: Congratulations on your marriage. Quick answer to your question is yes, you must file the I-130, which you can file at the same time with the adjustment status. The more important question you did not ask is the timing. When should you file? Wait at least 90 days from his date of last arrival into the US before filing the adjustment status application.

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