Help on I-485

D

da_saint

New Member
I have questions regarding the filing of I-485

1. If i file for stand alone I-130, can we file for I-485 as soon as I get the RECEIPT NOTICE (I-797 Notice of Action) or do i still need to wait until i get the APPROVAL NOTICE I-797A Notice of Action. I am confused because based on the instructions on form I-485, one can apply for AOS if an immigrant visa number is immediately available based on an approved immigrant petition (I-130) or one can file if you are filing I-485 concurrently with a completed relative petition (I-130) which would make an immigrant visa immediately available if approved. It does not say that one can file while petition I-130 is still pending.

2. Is there a big difference in processing time when filing I-485 & I-130 concurrently as against filing I-130 first and then file I-485 after getting APPROVAL NOTICE I-797A Notice of Action (assuming we cant file AOS I-485 if I-130 is still pending and not approved yet).

3. What is the advantage in filing concurrently compared to filing separately?

We really want to file forms concurrently, its just that i still need to prepare all required documents, affidavits & medical examination for I-485.

Immediate response on this matter will be highly appreciated. Thanks.
 
What is your goal? You want to sponsor somebody for a green card? Or is somebody sponsoring you? What is their relationship to you and what is your immigration status? The answers to those questions will affect what your options are.
 
Are you aware of the risks of attempting the I-485 route from B1/B2? If you were already married when your spouse entered with that visa, or if you got married very shortly after your spouse entered the US, they can deny the I-485 for misrepresentation at the port of entry (i.e. entered with a nonimmigrant visa while already having the intention to immigrate). Consular processing is the correct route if the spouse does not have a dual-intent visa like H1 or L1 that explicitly allows staying in the US while pursuing a green card.

Anyway, assuming you are willing to deal with that risk ... you can file the I-485 either together with the I-130, or file it after obtaining the receipt notice for the I-130 (you don't need to wait for the approval notice).

The advantage of filing concurrently is that the I-485 can be filed sooner. They can't work on your I-485 until you have filed it, so the sooner they get it, the faster they can work on the I-485, and the faster the beneficiary can get benefits related to the I-485 like employment authorization. However, sometimes it doesn't really make a difference to the overall processing time, because they still can't approve the I-485 until the I-130 is approved.

Note that filing the I-485 after filing the I-130 but while the I-130 is pending is still considered concurrent filing. Non-concurrent filing would be filing the I-485 after the I-130 is approved.
 
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