Can I apply for I 485?

P

pdsmn

New Member
Hi. My wife has petitioned I-130 for me as a permanent resident. The I-130 application was received in February 2010, however I have not yet received an I-130 approval notice. The visa bulletin shows that category 2A is current. Can I apply for adjustment of status and send I-485 documents? Thanks a lot.
 
pdsmn said:
Hi. My wife has petitioned I-130 for me as a permanent resident. The I-130 application was received in February 2010, however I have not yet received an I-130 approval notice. The visa bulletin shows that category 2A is current. Can I apply for adjustment of status and send I-485 documents? Thanks a lot.
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NO. You still have a while to go, LPR aren't that lucky to have their immediate relatives have a visa number available so soon. Wait a while, your turn will come. How far along is your wife from being a US citizen? In short, the date her green card was issued?
 
TheRealCanadian said:
YES. As of October 1st, a visa number will be available and he can file an I-485. But it cannot be received by USCIS before October 1st.
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Boy, things have really changed since the days of Noak building the Ark while awaiting a visa number to be available from the USCIS. I stand corrected, please follow the advise from the Fake Canadian....lol!!!! He's usually spot on 99% of the time, I trust his knowledge...
 
What box should I check on I-485 form?

Thanks for your reply. If I can apply for AOS, then in part 2 of the form, it asks to check the box - "An immigrant petition giving me an immediately available available immigrant visa number that has been approved. Can I check this box?
 
pdsmn said:
The I-130 application was received in February 2010, however I have not yet received an I-130 approval notice. The visa bulletin shows that category 2A is current.
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No, it shows it will be current for you in October. Not current right now.
 
USCIS says I need to wait until I130 gets approved

Thanks for your reply. I called USCIS today and they told me that I need to wait until my I-130 gets approved. Is that right? In case I apply for I-485 it can get denied and I will lose the money. What should be done? Any clue?
 
pdsmn said:
Thanks for your reply. I called USCIS today and they told me that I need to wait until my I-130 gets approved. Is that right? In case I apply for I-485 it can get denied and I will lose the money. What should be done? Any clue?
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The people on the USCIS phones are worse than useless.

You can go ahead and file the I-485 when the I-130 is pending, as long as your PD is current.
 
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