can i file form i485 as a leagal f1

[faith4u]

Hi folks: hope that you all will give me valuable information, and thanks in advance.
I am currently on f1 visa and married with green card holder wife. MY WIFE HAS ALSO APPLIED FOR I 130 FOR ME, My question is that can i apply for form i485 or not,
the reason for asking this question is that my lawyer is saying i have to wait for visa availabilty but i485 form says if i m leagal here so i might elligible for filling i130 along with i485 in this way i dont have to continue my f1 status.

regars

 

[TheRealCanadian]

the reason for asking this question is that my lawyer is saying i have to wait for visa availabilty but i485 form says if i m leagal here so i might elligible for filling i130 along with i485 in this way i dont have to continue my f1 status.

You cannot file an I-485 unless your I-130 is approved AND your priority date is current. For the spouse of a permanent resident, the only people who can file an I-485 are those whose I-130s were filed in February 2002.

 

[MGTgrl]

I am currently on f1 visa and married with green card holder wife. MY WIFE HAS ALSO APPLIED FOR I 130 FOR ME, My question is that can i apply for form i485 or not,
the reason for asking this question is that my lawyer is saying i have to wait for visa availabilty but i485 form says if i m leagal here so i might elligible for filling i130 along with i485 in this way i dont have to continue my f1 status.

regars

If you are married to a Green card holder, you have to wait for a visa to be available to you. If you were married to a US citizen, you didn't have to wait for a visa to be available, and I think you could have filed I 130 and I485 together. But since it's not your case, you have to file I 130 and once you are approved, you have to wait until the State Department issues you a visa number. Like the previous reply said, they are working on Feb 2002 at this point. Therefore, you just have to wait and make sure you stay in status (F1) until you can apply for I485. Good luck!

 

[hadron]

Sometimes it is faster to wait for the spouse to become a citizen allowing you to 'upgrade' the I130 to the immediate family member of a citizen category rather than waiting the full 6years until the 'spouse of a permanent resident' category petition becomes current.