I-130 pending.. Can I file I-485?

yana94

Registered Users (C)
Hi!

I filed for my mother's I-130 last October. Her tourist visa expired December 2010. Can I file for I-485 while I-130 still pending? Do I need to complete another I-130 together with the I-485 including the Receipt Notice (I-797)?

Please help...

Thank you!
 
You could have filed both the I-130 and I-485 together. But now that you've filed the I-130 by itself, you can file the I-485 now by including the I-130 approval or receipt notice (along with the other related forms like I-765, I-693 medical, I-864 etc.).
 
Thank you for the information Jackolantern. Any other form I need to file since her tourist visa expired? Do I still need to file I-131 together with her I-485?
 
Jackolantern,

What do you mean there's a difference? Can I still file for her I-485?

Thank you again for your help.
 
The visa is the large stamp with her picture that is glued onto a page in her passport. The I-94 is a small white paper showing the date by which she was supposed to leave the US.

Depending on which one expired and when it expired, it may affect her ability to exit and reenter the US during the green card process (which may make it useless to apply for the I-131).
 
Top