Apply i-130 for my wife who has filed I-485 over few years.

Y

yanje03

New Member
Hi I am new to i-130 and try to get some advice here. I am green card holder (not citizen) and my wife was trying to get her green card by employer based. We have got married over 2 years but I got my green card before we got marriage. She has filed I-480 over 2 years and under AOS status. Since she was filed by EB3, the priority day moves very slow and she prob won't get her green card by next 3 years with current speed. I just saw i-130 priority day with GC sponsor is Jan 2010 now(I still can't believe why it is so fast now). I have couple question here.

1. Is it worthy to apply i-130 for her even she has filed I-485
2. Does I-130 application affect her employer based application (we don't want any side effect)


Thanks for any advice.
 
Thanks for the answer.

Another question, can we file FB I-485 together with I-130 now? is AP available for FB 485 case? she need travel outside US sometime.
 
If you were a US citizen, you could file the I-485 and I-130 together. But you are not, so first you need to file the I-130 to establish an FB priority date. Then it is necessary to wait for them to reach your FB priority date before the I-485 is filed.

If she needs to travel outside the US, she can do that and reenter with a valid H1B or L1 visa if she's still working for the same employer in the same H1B/L1 job. Otherwise, she can get AP based on her existing EB 485.
 
Thank you again. I am only GC holder. so what I can do now is file I-130 for my wife and wait until priority day comes and file the I-485 right?
 
Yes. File the I-130, and watch the date movement in the F2A category.

If you become a citizen before they cross your F2A priority date, you wouldn't need to care about priority dates any more; she would be able to file an I-485 as an Immediate Relative of a USC.
 
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