Nope, my PD is 2 years away. But, my I-485 was accepted when filed it in 2007, and has a pending status. I also did receive an advance parole and EAD, but let it expire since I wasn't using it. What do you think?
You can have your wife submit the I-130 and substitute it as the basis for the pending I-485.
AFM 23.2 General Adjustment of Status Issues. (the below is paragraph l (lower case L))
(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another .
(1) Background .
From time to time an alien who is an applicant for adjustment under section 245 of the Act based on one (preference or immediate relative) category will prefer to have his or her application considered under another category. Likewise, an applicant for adjustment under one section of law may prefer to seek adjustment under an altogether different section of law. Examples include:
· An alien who originally applied for adjustment based on an approved I-140 petition and married a U.S. citizen while the I-485 was pending, but who now prefers to adjust based on an I-130 filed by the new spouse; etc....
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While in many cases it is perfectly legal to convert the pending adjustment application to the new basis without requiring a new adjustment application or a new fee, there are a number considerations which must be taken into account before granting adjustment under the new basis. These considerations are discussed in Chapter 23.2(l)(2) of this field manual .
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(C) The Request for Conversion Must Be Made in Writing .
If an alien verbally requests conversion of an adjustment application, perhaps during the adjustment interview itself, he or she should be asked to date and sign a written statement to that effect (at which point such interview could proceed without further delay provided he or she is eligible to immediately adjust under the new classification).
(D) Continuing Eligibility and Continuing Pendency .
In order to convert an adjustment application from one basis to another, there must be no break in the continuity of the underlying eligibility for adjustment prior to the submission of the conversion request. If the applicant does not maintain eligibility up until the point the conversion request is made, conversion may not be granted. (For example, if an alien whose original adjustment application was based on an I-130 filed by an LPR comes to an adjustment interview with a divorce decree dissolving that first marriage, along with a marriage certificate and I-130 based on a marriage to a U.S. citizen, he or she has failed to maintain continuity of eligibility since the first petition was automatically revoked at the moment the first marriage was dissolved. Accordingly, the adjustment application cannot be converted.)
etc......
