Dorchester, MA asked in Immigration Law for Connecticut

Q: I filed I-485 form and it was denied as I didn't file form I-130 as that's what my old lawyer told me to do. Next step?

I am a Canadian citizen married to an American citizen and I came with a B-2 Visa wanted to change my status to permanent residence under marriage but my lawyer told me not to file the I-130 form as I was already in the states and told me just to file the I-485 which was denied on December 6. What next steps should I be taking after this

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: In order to obtain a green card or immigrant visa through your U.S. citizen spouse, whether you are in or outside of the United States, you either need an approved I-130 petition or must file the I-130 petition concurrently with the Form I-485. The I-130 petition is to reserve your immigrant visa number, it is essentially your ticket to be able to apply for the green card. Therefore, you will need to reapply for adjustment (and repay the filing fee) and include the I-130 petition in this filing.

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