Advise Needed On Filing I-485 While I-130 Is Still Pending

[cheklapkok]

Hi guys,

I would love to hear advises if anyone had done something like this. My situation is:

1. My wife (Green Card Holder) filed I-130 for me in January 2017 at California Service Center
2. It has been about 17 months now and it's still pending
3. I checked the Visa Bulletin for June 2018, and "Filing Date for F2A is now on September 22nd, 2017" and "Final Action Date is on "June 8th, 2016"
4. I called USCIS and asked whether I could file for I-485 since the visa is now available by comparing my priority date (January 2017) and F2A visa availability date is September 2017, they said yes I can, but I'm still unsure about it.

If anyone has been in this situation before, please let me know whether I could do it this way. Thank you very much

[60driver]

Our I130 isn't approved yet, but we filed I485 when our PD became current under the Date For Filing chart. They accepted our I485, 765, and 131 applications.

I also have another question regarding this. I'm in a similar situation with a pending I485 but H1B is about to expire. I really don't want to renew my H1B because my husband has a much better job offer if we relocate. May I remain in the U.S. legally with my I485 pending? I've heard it's only for U.S. citizens but I've also heard it also applies to F2A applicants. Thanks!

[cheklapkok]

Thank you for your information. I do believe you can stay and work once your 765 get approved, and you just need to wait until your 485 get approved.

Would you mind walk me through the process of applying for I485 like what kind of information are we sending to USCIS among those personal information and evidence of marriage while I130 is still pending? I heard that we have to recreate I-130 and still capture the original PD. I?m so confused so if you could help clarifying these information, that?d be awesome. Thank you very much.

[newacct]

Hi guys,

I would love to hear advises if anyone had done something like this. My situation is:

1. My wife (Green Card Holder) filed I-130 for me in January 2017 at California Service Center
2. It has been about 17 months now and it's still pending
3. I checked the Visa Bulletin for June 2018, and "Filing Date for F2A is now on September 22nd, 2017" and "Final Action Date is on "June 8th, 2016"
4. I called USCIS and asked whether I could file for I-485 since the visa is now available by comparing my priority date (January 2017) and F2A visa availability date is September 2017, they said yes I can, but I'm still unsure about it.

If anyone has been in this situation before, please let me know whether I could do it this way. Thank you very much

Do not look at those two Department of State charts for Adjustment of Status. Look at USCIS's chart, which only has one chart per month. Some months they choose the Final Action Date chart, and some months they choose the Date for Filing chart. Whatever chart they choose, is the chart that determines whether I-485 can be filed that month.

Yes, you can file I-485 in June (and July) for your category and priority date. It doesn't matter that your I-130 is still pending.

[cheklapkok]

Do not look at those two Department of State charts for Adjustment of Status. Look at USCIS's chart, which only has one chart per month. Some months they choose the Final Action Date chart, and some months they choose the Date for Filing chart. Whatever chart they choose, is the chart that determines whether I-485 can be filed that month.

Yes, you can file I-485 in June (and July) for your category and priority date. It doesn't matter that your I-130 is still pending.

Thank you very much for your precise reply. I?m not sure if there are many people in this situation as I spoke to a few different legal experts and they kind of told me different things like yes i can apply and no I can?t because 130 hasn?t approved.

I?m wondering whether I need to reapply for 130 or I just need to provide a copy of the 130 receipt when submitting 485 765 and 131? Do you have any advises? Thank you again.

[sinyanmei92]

Hi there,
I'm new here and is also on the same board. I'm here under F-1 student visa, I'm on my OPT right now but it's gonna be expire 08/15/2018.
My PD is May 22,2017. I just sent out the packaged with I-485 last week and usps tracking showed it already arrived at the lock box place. I called different lawyers and they sorta gave me different answer whether or not I can file my I-485 while I-130 is still pending. I'm now super confused and I don't know if after August 15th, would I be able to stay here until I-130 or whatever it is, is approved. Or I will have to continue studying or maintain my F-1 visa status.
Thank you!

[Karinena]

Can you let me know if you were able to do it? My brother (Permanent Resident) applied for his wife, and her I-130 is still pending, but priority date is current. Can she send the I-485 while I-130 is still pending. My brother is not an U.S. citizen, she's category F2A. Thank you so much advance.