Filing I485 after a pending I130

I

I 130 2010

Registered Users (C)
Hi,

My mother is a permanent resident and she filed I130 for me last year (July 2010). I couldn't file I-485 for AOS with the I-130 because my mother was not able to file I-864 affidavit of support. She has been in and out of the US the previous 2 years (2008 &2009) so her income was insufficient.
Last month (June 2011) my brother got his GC through work. He has already completed the I-864 for me. I am aware that it will take years to get the GC. My intent is to file I-765, get EAD while maintaining my F-1 status and waiting for my mother to get her citizenship.
Here are my questions:
-Can I still file I-485 in support of my mother pending I-130?
-Is the USCIS going to reject my I-485 because my I-130 has not been approved yet?

Thank you so much :)
 
Last edited by a moderator:
The I-485 can be filed with a pending I-130. Just include a copy of the I-130 receipt with the I-485 application.

However, you can't file I-485 for at least a few years, because your priority date isn't current, and is years away from being current.
 
For a preference category beneficiary (YOU) an approved I-130 and a current priority date are prerequisite to the filing of an I-485. In addition, you must be in a valid non-immigrant status or a valid form of parole (not the kind where one is released from ICE custody on bond---only the other kind). Only an immediate relative of a USC may file a concurrent I-485 along with an I-130 by the USC petitioner.

IF your student status is still in effect or you change to another non-immigrant status after that, you might still be here and able to file for adjustment when your priority date becomes current.

Watch the Visa Bulletin monthly (you can ever sign up for e-mail updates).

Also, since you have a pending I-130 filed for you and your student visa is not a DUAL INTENT visa, foreign travel is a bad idea because they might not let you back in.

Good Luck.
 
BigJoe5 said:
For a preference category beneficiary (YOU) an approved I-130 and a current priority date are prerequisite to the filing of an I-485.
Click to expand...

That is not true any more. I-485 filing is allowed for a pending non-IR I-130, provided the priority date is current.
 
Jackolantern and BigJoe5, I really appreciate your replies. Thank you.

Since I cannot file for AOS while the I-130 is pending, can my mom take back the pending I-130, then file concurrently a new I-130 and a I-485?
I want to at least get a work permit while waiting on my prioirty date to become current. That will help me financially and stay in status for long period of time.

Thank you again :)
 
I 130 2010 said:
Jackolantern and BigJoe5, I really appreciate your replies. Thank you.

Since I cannot file for AOS while the I-130 is pending, can my mom take back the pending I-130, then file concurrently a new I-130 and a I-485?
Click to expand...

No. If you can't file I-485 with a pending I-130, you also can't file it together with a new I-130. And filing them together is not allowed for your category because the PD won't be instantly current for a new I-130.

The long-running rule has been that an approved I-130 is required in order to file I-485, then they loosened it up to allow I-485 filing with a concurrent or pending I-140 (employment-based), or Immediate Relative of USC I-130. Then more recently I read about them allowing it for a pending non-IR I-130; I'll try to find that later.

But in your case the approval vs. pending is probably moot, because whether the I-130 is pending or approved, you definitely can't file I-485 until your PD is current, and by the time it's current in 2-3 years your I-130 will almost surely be approved.
 
Jackolantern said:
No. If you can't file I-485 with a pending I-130, you also can't file it together with a new I-130. And filing them together is not allowed for your category because the PD won't be instantly current for a new I-130.

The long-running rule has been that an approved I-130 is required in order to file I-485, then they loosened it up to allow I-485 filing with a concurrent or pending I-140 (employment-based), or Immediate Relative of USC I-130. Then more recently I read about them allowing it for a pending non-IR I-130; I'll try to find that later.

But in your case the approval vs. pending is probably moot, because whether the I-130 is pending or approved, you definitely can't file I-485 until your PD is current, and by the time it's current in 2-3 years your I-130 will almost surely be approved.
Click to expand...

Thank you again Jackolantern :)
 
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