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did not enter I-130 and I-485 together. is it too late?

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  • did not enter I-130 and I-485 together. is it too late?

    I am a Canadian married to a US citizen, we are both living in the USA. I was on a tourist visa that has now expired in September.

    We did not understand the steps, of the process: we filed the I-130 by itself 8 months ago.
    Now we understand we were supposed to file it with the I-485 to save time, money, and to stay in good legal standing.
    Our I-130 is still pending. Are we able to file the I-485 now or must we wait til the I-130 is approved?

    Thank you for your wisdom!

  • #2
    No, one of the benefits of being married to a US citizen is that it doesn't matter if you don't have a legal status, you can still apply for adjustment of status. File as soon as possible I-485, and I-131and I-765 forms to receive work permit and travel permit while your case is pending. You don't have to wait for the I-130 to be approved.

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    • #3
      I think you can file I-485 (and all other required forms) with a copy of the pending I-130 receipt.
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 999 - Card delivered to me - Aug 2021
      ---
      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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      • #4
        Thank you so much for your responses. This is really helpful!

        Someone has also told me that while I am fine to submit I-485, that it will be faster to wait for I-130 to be approved first.
        Based on my status (or lack of), would you say I should submit it now or wait?

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        • #5
          File now. There is no point to wait. The sooner you file, the sooner you are protected from deportation.

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

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