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LPR with I-130NoA for husband, eligible to fill I-485?

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  • LPR with I-130NoA for husband, eligible to fill I-485?

    Hi,
    I am an LPR, filled I-130 for her husband, received NoA (not approved yet)
    Am I eligible to file I-485? Or do I have to wait for the approval of I-130?
    Thank you very much for your help in advance.
    Actually, I tried to get through all the info that has already been posted here as well as the uscis info but still am not sure (even studied as a lawyer in Europe:-)

  • #2
    You do not file I-485, your spouse does, if he was present in the USA.

    HOWEVER, for LPR's there is a wait for visa number for them to bring their spouses... and the current wait time is 4-5 years... so your spouse can not receive a GC (or file I-485 if he were in the US) for that long.

    He must wait until his priority date becomes current.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      thanks a lot

      well, priority date of us is December 27, 2007:-(
      however, I thank you very much
      I hoped I found a way for us to be together:-(
      I dont want him to come to the US as a traveller and wait for the number to become available without a right to work
      particularly not now, as I shall enroll for the university...

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