Can I file for I-485, I-765, I-131 before my I-130 gets approved? Prioritydate curret

[dannypatel1590]

Hi,

My wife is a green card holder and she filed i130 (Petition for Alien Relative). I'm in the USA on F1 visa (finished my Master's, currently on OPT). My priority date is April 3, 2017 so I guess I'm current right now since March Visa Bulletin states May 1, 2017 for F2A. My OPT is set to expire on June 11, 2017. So my question is can I file for I-485 (AOS), I-765 (EAD), I-131 (AP) before my I-130 gets approved? I don't want to get out of status. Please help!

[azblk]

yes

[dannypatel1590]

yes

Were you in the same boat or d you know of someone who had experienced the same issue?

[azblk]

Were you in the same boat or d you know of someone who had experienced the same issue?

No I was not in the boat but it is not a requirement that i-130 be approved. Only that priority date be current. You are good to go

[MicaAshani]

Response

My husband(Jamaican) and I(American) filed the i130 i131 i485 i176 all in the same package. Uscis received the package in February 20, we received confirmation on March 5 and was scheduled an appointment for biometrics on March 10 for March the 20th.

[flyforever85]

Sorry if I ask but I want to get this correct. Which kind of confirmation should I receive from USCIS? My package was delivered yesterday to USCIS according with UPS, what comes next? I filed G-1145 for every form (i485, i130 and i765). Is the Priority Date the same of the notification for acceptance by USCIS?

Thanks

[azblk]

Sorry if I ask but I want to get this correct. Which kind of confirmation should I receive from USCIS? My package was delivered yesterday to USCIS according with UPS, what comes next? I filed G-1145 for every form (i485, i130 and i765). Is the Priority Date the same of the notification for acceptance by USCIS?

Thanks

You should receive notification in a week or so after they received the package. It will come by way of text massage, email and snail mail if package is properly filed and accepted. That means they will go over documents sent and make sure everything is there.

Your priority date will be the same day they received your package.

[flyforever85]

You should receive notification in a week or so after they received the package. It will come by way of text massage, email and snail mail if package is properly filed and accepted. That means they will go over documents sent and make sure everything is there.

Your priority date will be the same day they received your package.

Thank you!!

[dannypatel1590]

No I was not in the boat but it is not a requirement that i-130 be approved. Only that priority date be current. You are good to go

Thanks for your reply. I am a little confused as to what to do. I don't want to get out of status since my EAD card expires on June 11, 2017. I am worried about my application being rejected without i130 approval notice. Do you know of someone who was in the same situation as I am. I also read from a couple of attorneys on Avvo that you could file I485 without i130 (my wife LPR filed for me) approval if you are maintaining a non immigrant status (in my case I am as I am on F1).

[dannypatel1590]

My husband(Jamaican) and I(American) filed the i130 i131 i485 i176 all in the same package. Uscis received the package in February 20, we received confirmation on March 5 and was scheduled an appointment for biometrics on March 10 for March the 20th.

You must be a US citizen in this case since you filed everything together. My wife is LPR so in my case I can't file them together.