Can I file I-485 while I-130 still pending

phanivarada

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Join Date: Jan 2006

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#1

Can I file I-485 while I-130 still pending

04-10-2009, 06:06 AM

Hello, I'm permanent resident and I filed I-130 for my wife on Oct/2007 and it is still in process. Can I file I-485 while still I-130 under process. Can any one tell how to apply and what I need to do. If my wife gets EAD, can she work on EAD?
Thanks,
PV
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PraetorianXI

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Join Date: Aug 2006

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#2

04-10-2009, 08:08 PM

No, no, no.

Your wife can not adjust her status (i-485) until her priority date becomes current which probably won't happen until sometime in 2012-2013.

Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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