Can I Apply for I-485 while I-130 is Pending.

[sasaqlain]

Could somebody please help me. My spouse, a USC submitted an I-130 Petition while I am in the US on a B-1 Visa. We got married here. Now, I know we should have filed the I-485 concurrently but couldn't due to lack of documents. We still havent heart from the USCIS about the I-130 as yet. Can we file the I-485 before any notice of action related to the I-130. If so, How should it be filed?
Anybody who can throw a light on the issue....

[historygirl]

Hello,

You cannot apply for adjustment of status until you receive an approved I-130. Your I-485 will not be accepted without an approved I-130. This I know for a fact because I had the same question, but my lawyer told me the same thing. I waited and received an approved petition 4 months after filing the I-130.

[sasaqlain]

Thank you for your reply. But i am in the US and shouldnt that give me some sort of relaxation. If i can file concurrently, i should be able to apply seperately when the documents are complete. I lacked some documents and couldn't file the I-485 concurrently with the I-130.

[cupcake]

Hi,in my case I did the same .......applied first for I 130 while in US and didnt get approved yet. Later I applied for I 485 and I am still here got my A number and EAD and Interview in January.All within 4 months.I just can tell you in my case all looks fine!

[cupcake]

historygirl,it depense on so many things.It is wrong to say ......no way!!!Maybe in your case.
She got merried here,lives here and has a B 1 Visa so she could apply while she is here even didnt get approved her I 130.



Sasaglay I would say .......Yes you can!!!

[sasaqlain]

Thank You cupcake! Your reply was a great help. Since i am not using the services of a lawyer and dont need one, I got confused. May I ask, what you wrote in part 2 of the I-485 form while submitting it, as we have mention the basis of eligibility for applying, since the I-130 hasn't been approved yet.
Thank You.

[cupcake]

Did you get a receipt for your I 130 yet???
I sent copie of receipt of I 130 with Form I 485,Medical Exam and all other requiered Forms.I dont have a Lawyer.I just can tell you about my case I dont know all about eligibility for applying.

At the time I needed help I asked PraetorianXI or txh1b here in this Forum.Please ask them I thing they know more about eligibilities.

[sasaqlain]

Hi Cupcake!
Thanks for the reply. I haven't yet received the NOA1 or the initial receipt for the I-130. Am waiting for it, so that i can attach that to the I-485 i'll be filing. I have been told that I can submit the I-485 without the I-693(Medical forms). What do you have to say about that?

[cupcake]

Hi,You can apply without Medical exam but USCIS will send you a RFE because this Form is requiered .When did you apply I 130?

[sasaqlain]

Hi Cupcake,
I am about to file the I-485. Have to undergo the full I-693 medical along with vaccinations. How much time does it take to get the form completed assuming all is well?

[cupcake]

Hi,I got my medical exam within two weeks.It depense how fast the doctor works and that you have all requiered Vaccinations.

[sasaqlain]

I guess you are right. Depends on the doctor as well. I have to undergo the entire list of vaccinations that would apply to me at my age. Thats why I asked.

[ja_marino]

question

hello
can anyone give me an idea on this.i am married to a us citizen outside of the us,but i aleady have my B2 visa,now am visiting,can i stay here and finish file my case or can my spouse apply for a job pettition for me?