Eligibility for concurrent filing of I-130 & I-485

R

RipeAvocado

New Member
Hello,

Looking into a clarification of contradictory information on the USCIS website regarding the eligibility of concurrent filing of I-130 & I-485. Petitioner is a spouse of Beneficiary and is NOT a US citizen but a Green Card holder themselves. The beneficiary is legally present and is legally employed in the US under TN status.

USCIS website states that concurrent filing is allowed if the Petitioner is a US citizen. However, another USCIS page indicates that family-based adjustment of status may be filed concurrently with the petition since the Visa Bulletin board for January 2022 indicates that F2A class (Spouses of Permanent Residents) is in Current status.

If anyone has faced such circumstances and/or is aware of the regulations in detail, your input would be greatly appreciated.
 
USCIS makes an exception for concurrent filing of I-130 and I-485 from the spouse of a LPR whenever the F2A category is listed as current on the VB (as long as the beneficiary is in a valid status to AOS from).
 
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