I already filled I 485 but can I also file 130 at the same time?

J

JohnRooney

Registered Users (C)
I already filled my wifes I1485 employement based..
I also want to to file 1-130 so that when her priority dates becomes current and if for some reason they do not approve the I 485 then they might call her for the consular processing in India...

Basically I want to file both so that I have both the option open..

is this possible?
 
Are you a US citizen?

If not, do you have a green card, and is your wife's I-485 a derivative application tied to your GC process?
 
Thanks Jack...for the reply..

I am a permanent resident..It is tied to my GC Process employment based..She did not get the approval when PD was current last time but mine got approved..

But we filed I-485 separately..

But I really want to start I130 and I 824 eventually let me know if that's possible..

Thanks...
 
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Yes you can go ahead and file a marriage-based I-130 for her while her derivative I-485 is pending.

You won't need to file I-824. I-824 is necessary when adjustment of status was originally selected on the I-130 or I-140 and then you later want to switch to CP (or the derivative will do CP after the primary completed AOS). But if from the beginning you select consular processing for Q22 of the I-130, after approval they will automatically forward it to the consulate without the need for an I-824.
 
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Hello Jack thanks for the response...

I wanted to file I-130 and then I 824 so that I can use my PD of employment base and not family based ?

I know it won't make whole lot of sense...But I want to know If I can do that...
 
Hello Jack,

Thanks for the reply ... May be I am not putting up question clearly.

I guess my question is.. Can I file I 824 and I 485 at the same time...?

Both are employment based PD..Sorry I mentioned I 130 here ...

I know there is not much sense in doing so ... But I want to know If I can file both or not...
 
JohnRooney said:
I guess my question is.. Can I file I 824 and I 485 at the same time...?
Click to expand...

You can't file both at the same time for the same underlying petition. Filing I-824 will cancel the existing I-485, and vice versa.

Both are employment based PD..
Click to expand...

Are there two separate EB petitions? Her own employer filed for her, and she is also linked to your employer's petition as a derivative? Please explain.
 
You can't file both at the same time for the same underlying petition. Filing I-824 will cancel the existing I-485, and vice versa.

This is exactly what I wanted to know...

Filing 824 will cancel I 485 for the same petition...

Thanks Jack.
 
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