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Can I File for adjustment of status (I-485) while I-130 is under process for F2A?

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  • Can I File for adjustment of status (I-485) while I-130 is under process for F2A?

    Hi. I am a green card holder. And I filed I-130 (F2A) for my spouse (Indian) on Aug 2019. Her I-130 is still under process. I did not know that I could have concurrently filed for adjustment of status too back then. My question is can I now file for I-485 and also I-785 (employment authorization) for her now while her I-130 is still under process?

  • #2
    Yes, assuming she is not out of status, she can file I-485 (along with I-765 for EAD and I-131 for AP if she wants) now since the F2A category is still current. She needs to attach a copy of the I-130 receipt.

    This is my personal opinion and is not to be construed as legal advice.

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