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Can I file I-485 on Visit Visa While I-130 already filed before

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  • Can I file I-485 on Visit Visa While I-130 already filed before

    Dear Sir;
    My Father have already filed my I-130 in 2013 for( Married son and daughter category) that time I was outside the USA. My Petition is still not approved. I have now valid B1/B2 visit visa, if I come to USA on visit can my father apply (Adjustment Status) I-485. Please suggest me.

    Is there any other option for filing I-485 in my case ?

    Regards
    Noman Ahmed

  • #2
    You cannot file I-485 until a visa number is available for your category and priority date. Currently, for the F3 category (married children of US citizen), AOS can only be filed for petitions filed in 2005 (or if born in Mexico or the Philippines, 1995).

    This is my personal opinion and is not to be construed as legal advice.

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