Applying for I-485 in US after I-130 in canada

T

Tusconpotato

New Member
We are waiting for the i-130 (by marriage) to be approved and are still in Canada. We are hoping to move to the states sooner and don't want to wait until a green card, which could obviously be a whole other year to two years after everything is said and done.
Does anyone know if it's possible to go to the states after the i-130 is approved (should be by summer. My priority date is September 22 and they're currently on July)?
Can I apply for the i-485 from within the states? What can I do to enter the US and stay throughout the process (without having to return to Canada)?

I hope that all makes sense. Any tips would be appreciated! Totally new here.
 
You could file I-485 if you are in the US even if the I-130 is not approved. (I-485 can be filed concurrently with I-130 or while I-130 is pending.) But you cannot enter the US on visitor status with preconceived intent to file I-485 during that stay.
 
You must log in or register to reply here.
Top