Can you submit an I130 packet without a lease agreement? Also can you file an I130 and I 765 before and I 485?

2 views 7 answers
We dont have a current lease agreement in our name and we wont be eligible for a lease until the end of 2015. We want to submit his paperwork before Sept 2015.

Attorney Answers

7
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, you do not need to submit the copy of your lease agreement with the adjustment of status packet. Bring it to the interview. To file for the I-765 you need to have filed the I-485 alongside it.
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Stephen Berman ·
Yes, if you do not have a lease agreement, USCIS will accept an application without one.
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Hany Brollesy ·
A lease is just one form of evidence of the bona fides of the relationship - if you have other evidence, a lease may not be necessary. You can file an I-130 without an I-485, but you CANNOT file an I-765 if the I-485 is not filed. Schedule a consultation with an immigration attorney for further guidance.
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Parvathy Raj SasikalaImmigration AttorneySan Bruno, CA ·
Kindly provide more information. Is this for a spouse. Is you spouse in the US? If yes, it is best advised to submit I 130, I 1485 and I 765 and Affidavit of support all together. If you are not concurrently filing then don't file I 765 before I 485. It is best to file I 765 with I 485. Lease by itself should not be an issue if you have other documents to support the existence of a relationship.
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Stephen Baird ·
A joint lease is just one form of evidence that can be used to prove a bona fide marital relationship. Depending on the strength of the other evidence you have to submit, it may not be necessary. An experienced immigration attorney can let you know the strength of your case and whether or not you'll need a lease as additional evidence. Work authorization is not available to someone filing only an I-130. The ability to get work authorization is dependent on a pending green card application, which is what the I-485 is. You can wait to file an I-485 until your I-130 is approved, but if you're already within the United States there are very limited circumstances in which waiting to file is in your best interest. I would recommend meeting with an immigration lawyer to determine the best course of action for you and your spouse.
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Maria Marty ·
You can submit lease later, no work authorization I765 until you file the I485.
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