Can I(Spouse of LPR) apply i-485 while i-130 still pending

[user7865]

Hello all,

My PD is 04/2009 and waiting for my i-130 approval and as per the visa Bulletin, Visa numbers should be current sometime in September 2010, My concern is can i still file of i-485 while my I-130 is pending with USCIS.

Any suggestions/Advices in this regards is much appreciated.

Regards

[rinitka]

I actually also want to know that;
some pages tell - yes; some - no. Does anybody have any personal experiece with that?

[user7865]

Can I(Spouse of LPR) apply i-485 while i-130 still pending

Hello all,

My PD is 04/2009 and waiting for my i-130 approval and as per the visa Bulletin, Visa numbers are current in September 2010, My concern is can i still file of i-485 while my I-130 is pending with USCIS.

Any suggestions/Advices in this regards is much appreciated.

Regards

[daru786]

Below is a response of an attorney from a different forum. Person asking the question is under the F-4 category.

"If you are in lawful status and you have not previously violated your status, you may file for adjustment of status right now. File an I-485 now along with a copy of your pending I-130 and a copy of the I-130 notice"

"If a necessary petition is still pending when PD becomes current, irrespective of whether it is an I-130 or I-140, if an applicant is otherwise eligible to adjust status, he or she may simply file an I-485 when the PD is current. The applicant should include a copy of the filing fee receipt for the pending petition with the filing"

I am not a lawyer but the above answers are from a very reputable counsel.
Cheers!

[user7865]

ok, I agree we can apply for i485 when i130 is pending. But the question arises here, what is the category that should be selected on the I485 form Part2
Application Type(Check one)
I am applying for an adjustment of status to permanent resident status because:
a. an immigration petition giving me a immediate available immigration visa number that has been approved....so on
b.my spouse or parent applied for adjustment of status
c. I entered as K1 fiance of US citizen
d. i was granted Asylum
e. im a native or citizen of cuba
f. iam husband, wife, or minor unmarried child of cuban
g.i have continously resided in united states since or before 1972
h.other basis of eligibility. Explain

I am husband of LPR, and except option A nothing is on the list that i can select, and I can select option A only if I have Approved i130, If i am not wrong here....please suggest

Any help in this regards is much appreciated.

Regards
User7865