Can i File I-485 and have my wife's sibling file I -130 for status adjustment.

mestep3

Registered Users (C)
Hello folks,

I am currently on H1B and my wife is on H4 visa
Our validity is till Aug 2008

My wifes sister and brother in law are US citizens.

My qtn is
-- Can me and my wife together file for adjustment of our status by filfing I -485 and have our application supported by my wifes sister by having them file I-130 in order to have our status change from H1/H4 to GC ?????


Any input appreciated

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-- Can me and my wife together file for adjustment of our status by filfing I -485 and have our application supported by my wifes sister by having them file I-130 in order to have our status change from H1/H4 to GC ?????

No. Your sister needs to have filed an I-130 in 1996 (and have it approved) in order for the priority date to be current and you to file an I-485 based on this I-130.
 
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