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Concurrent Filling Marriage based F2A

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  • Concurrent Filling Marriage based F2A

    Hello, my wife and I are in following situation and it would be great if anyone knows the answer and could point us to the right resource.
    I am green card folder. My wife is on F1 student visa and we are living together in US. We have filled I130 two months ago. Paralegal that helped us to file I130 told us that we cannot file I485 and I765 concurrently with I130 so we just filed I130. Now a friend told us that we can file I485 and I765 at this time without waiting for I130 approval because F2A visas/green card are current available. Is this correct?
    If anyone could share any insight or past experiences that would be helpful Thank you!

  • #2
    This is correct. Since the F2A category is current (it has been current from July 2019 until now), I-485 can be filed together with I-130, or I-485 can be filed while I-130 is pending with 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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    • #3
      Great, that's good to know. Could we file I765 as well now no matter that we did not file it two months ago?

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      • #4
        Originally posted by dzoni View Post
        Great, that's good to know. Could we file I765 as well now no matter that we did not file it two months ago?
        I-765 for EAD and I-131 for AP are based on your I-485, so you can file them together with your I-485 or any time after.

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

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        • #5
          Great, thank you, that is good to know.

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