Can I file I-485 while my I-130 is still pending?

Aston

New Member
I need your advice on my application for the green card.
My husband(American) and I(Thai) are working in Afghanistan and lately, we are decided to move back to the US in July 2014 because of the security issues. My husband filed the I-130 form in March 2014 while we are outside the US and now we are waiting for the approve but it seems like the process is too slow. We will leaving Afghanistan at the end of this month with my US tourist visa--my questions are as following:
1. Can I change the address and waiting for the I-130 approve when I am in the US?
2. Can I file the I-485 form when I arrive the US immediately (Even I have not got the approve from I-130 yet)?

Thank you for your help,

Aston McNally
 
You can. However, at the time you enter the U.S. on a tourist visa, you cannot have intent to file for Adjustment of Status during that trip to the U.S. (regardless of before I-130 approved or after). You are clearly planning to do that, so you cannot enter the U.S. on a tourist visa. Entering on a tourist visa, you must plan to leave after a temporary visit. You could plan to visit the U.S. temporarily and go back to Afghanistan to continue consular processing; however, even with that plan there is a good chance they will not let you in.
 
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