Should I apply for I-485 while I-130 is under process?

[nabeeln796]

Hi,
I am a Canadian permanent resident and my wife is a US-born and raised citizen. She applied for my I-130 petition in May 2023. This application is under process. However, I do have the B1/B2 visa stamped before the I-130 petition submission around March 2023. I am currently in the USA for Christmas and going back to Canada in January. However, I want to live in the US with my family but as you know I need to go back and forth to Canada as my current status is a visitor (B1/B2).
Here are a couple of questions I have:
- Can I apply for I-485 while I-130 is under process and Can I (at the same time) request interim travel permission (advance parole permit) until the I-130 petition and I-485 application are approved (green card issued)?
- For the interim travel permission (advance parole permit) is it okay to apply while I am in the USA and stay in the USA until the I-130 petition and I-485 application are approved (green card issued)?
- Once I apply for I-485 then my B1/B2 status will stay valid or it will be dissolved i.e. if I-485 is taking longer than expected then can I still travel from Canada to the USA on B1/B2?

- Is the above approach not going to jeopardize the entire process?

Please note that my I-130 application was submitted with information that I am outside of the USA i.e. in Canada. Please let me know if you need more information.

[newacct]

Hi,
- Can I apply for I-485 while I-130 is under process and Can I (at the same time) request interim travel permission (advance parole permit) until the I-130 petition and I-485 application are approved (green card issued)?

Yes, you can file I-485 now with a copy of the I-130 receipt. Yes, you can file I-765 for EAD and I-131 for Advance Parole, both for free, with the I-485. The only issue would be that you are not supposed to have preconceived intent to file I-485 during your stay when you enter on B2, and they could suspect that you misrepresented your intentions when you entered.

Hi,
- For the interim travel permission (advance parole permit) is it okay to apply while I am in the USA and stay in the USA until the I-130 petition and I-485 application are approved (green card issued)?

I don't understand your question. You can only apply for Advance Parole when you are in the US. The point of the Advance Parole is to allow you to leave the US and re-enter when your I-485 is pending. Of course you can stay in the US while the I-485 is pending, with or without Advance Parole.

Hi,
- Once I apply for I-485 then my B1/B2 status will stay valid or it will be dissolved i.e. if I-485 is taking longer than expected then can I still travel from Canada to the USA on B1/B2?

Your B2 status will stay valid until it otherwise expires. Your I-485 will almost certainly take way longer than your B2 status lasts. You can stay in the US for as long as your I-485 is pending, no matter how long it takes. You cannot leave the US while your I-485 is pending unless you are granted Advance Parole before leaving, or you will automatically abandon your I-485. You must return on your Advance Parole, not a B2 visa.

[nabeeln796]

Yes, you can file I-485 now with a copy of the I-130 receipt. Yes, you can file I-765 for EAD and I-131 for Advance Parole, both for free, with the I-485. The only issue would be that you are not supposed to have preconceived intent to file I-485 during your stay when you enter on B2, and they could suspect that you misrepresented your intentions when you entered.


I don't understand your question. You can only apply for Advance Parole when you are in the US. The point of the Advance Parole is to allow you to leave the US and re-enter when your I-485 is pending. Of course you can stay in the US while the I-485 is pending, with or without Advance Parole.


Your B2 status will stay valid until it otherwise expires. Your I-485 will almost certainly take way longer than your B2 status lasts. You can stay in the US for as long as your I-485 is pending, no matter how long it takes. You cannot leave the US while your I-485 is pending unless you are granted Advance Parole before leaving, or you will automatically abandon your I-485. You must return on your Advance Parole, not a B2 visa.

newacct Thank you. I understand that I can apply for I-485 and advance parole while my I-130 application is under process. However, I am worried about not jeopardizing or slowing down the current process of I-130 application. If I choose to go back to Canada and come to meet my family let's say one month every 4-to 5 months in a year will be a good idea to keep my application conventional (as it is without applying for I-485 and I-131) VS If stay in the US while waiting for the I-485 and I-130 is processed? Please share your expert opinion if there is any chance of jeopardizing or slowing down the process If I choose the I-485 path and stay in the USA. Your suggestion will be appreciated.