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I 130 is pending, can I file I 485 for my Family if I get my priority date is current

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  • I 130 is pending, can I file I 485 for my Family if I get my priority date is current

    Hi,

    I am a GC holder and my priority date was Mar' 2008 on EB2. As the current priority date for EB2 is Jan 2008 and I may get my priority date sooner. My spouse and my child (13 yrs old) were not in this country when I processed my I 485, but they were part of my I 140 which was approved on Mar' 2008. They are now in the USA since Dec' 2012 and I filed their I 130 in Feb 2013, it's still under "Initial Review" and didn't move a bit sine then.

    If I get my priority date as current, shall I apply I 485 for my family? or do I need to wait until I 130 get approved?

    Your answers are greatly appreciated and thanks for reading my post.

    Have a great day !

  • #2
    Originally posted by [email protected] View Post
    Hi,

    I am a GC holder and my priority date was Mar' 2008 on EB2. As the current priority date for EB2 is Jan 2008 and I may get my priority date sooner. My spouse and my child (13 yrs old) were not in this country when I processed my I 485, but they were part of my I 140 which was approved on Mar' 2008. They are now in the USA since Dec' 2012 and I filed their I 130 in Feb 2013, it's still under "Initial Review" and didn't move a bit sine then.

    If I get my priority date as current, shall I apply I 485 for my family? or do I need to wait until I 130 get approved?

    Your answers are greatly appreciated and thanks for reading my post.

    Have a great day !
    ***you need to call uscis customer service to get a better answer cause every application goes through a process and seems like you have applied twice, note that processes for LPR are different and longer when the beneficiaries are overseas, if they are in the US is different and you should upgrade your application not file another, that might be the delay but best advice is to call them.

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    • #3
      Thank you Susan. I will call USCIS.

      Appreciated your reply.

      Comment

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