Can I file I-485 with an I-130 pending? I'm category F2A... please help!!

[Karinena]

Hello,

I submitted an I-130 back in September 2019. I received the letter that says that they received it, but I haven't received anything else. Since the moment I applied my category F2A is being current. That means my priority date is being current for 4 months now, but I haven't sent the I-485 because the lady helping me with paperwork is saying that I first need my I-130 to be approved. Apparently that can take months, but then my Priority Date will expire because if more than a year passes then the case gets dismissed? I have read that I can still submit I-485 while I-130 is pending, but not sure if that's only for relatives of U.S. Citizens. My husband is a Green Card holder. Please advise me on what to do! I don't want the year to pass after my Priority Date became current and then USCIS might think that I abandoned the case.

Thank you in advance,

[newacct]

Yes, you can file I-485 now. Attach a copy of the I-130 receipt.

[Karinena]

Is it true that a priority date is current and no action is made within a year, they dismiss the case? Do you know anything about this? Just asking because the lady helping me doesn't want to submit the I-485 without the I-130 approval, but what if that approval comes after September 2020. That means a year has passed. Thank you.

[newacct]

Is it true that a priority date is current and no action is made within a year, they dismiss the case? Do you know anything about this? Just asking because the lady helping me doesn't want to submit the I-485 without the I-130 approval, but what if that approval comes after September 2020. That means a year has passed. Thank you.

It is true that if a petition is inactive at NVC for 1 year after being approved and after a visa number is available, the Department of State can revoke it. I don't know if the same is true for USCIS if the petition is intended for AOS. In any case, your I-130 hasn't been approved, so that wouldn't apply.

There is also separately a rule that to use CSPA, the beneficiary must seek to acquire a visa within 1 year of it becoming available.

[Trini0616]

Hello,

I submitted an I-130 back in September 2019. I received the letter that says that they received it, but I haven't received anything else. Since the moment I applied my category F2A is being current. That means my priority date is being current for 4 months now, but I haven't sent the I-485 because the lady helping me with paperwork is saying that I first need my I-130 to be approved. Apparently that can take months, but then my Priority Date will expire because if more than a year passes then the case gets dismissed? I have read that I can still submit I-485 while I-130 is pending, but not sure if that's only for relatives of U.S. Citizens. My husband is a Green Card holder. Please advise me on what to do! I don't want the year to pass after my Priority Date became current and then USCIS might think that I abandoned the case.

Thank you in advance,

Is the beneficiary in or out of status?