filing I-130 without I-485 and I-765: possible problems?

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BayState123

New Member
Hi,

I have a question regarding the GC though marriage. My husband is a US citizen and we got married in April 2006. In February this year we filed I-130. Unfortunately, that's the only form we did file. My I-130 is pending and it might take a while before it is approved. Everything seemed OK until last week when I found out that I might lose my H1B status in summer.

Should we have filed I-765 and I-485 at a time we submitted I-130? In my case, I am supposed to file both I-765 and 485 at the Chicago Center whereas I-130 at Vermont Service Center (we live in Massachusetts). Is it OK to submit I-765 and I-485 now? Will the fact that we did not file everything together affect my case? Should we include I-130 again?

Thanks for any suggestions and advice on this matter.

BayState123
 
You should have filed everything together, yes. However all is not lost!

You can file your I-485/I-765 together to the Chicago Lockbox, ticking "A" on the I-485, part 2 question, and include a photocopy of the Receipt Notice you got when you submitted I-130. Your I-130 does not need to be approved before you file for AOS.

Your case should process fine.
 
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