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!

Related Topics:
1 Lawyer Answer
Al Parsad
Al Parsad
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.