Please help! :(

[MHNG1]

My husband and I decided to file my AOS on our own and now we are utterly confused. He is a US-born citizen, we hav been married almost 4 years....after asking around, we came to the understanding that I couldnt file I-485 without I-130 approval...(I entered on F1 visa, overstayed)....we filed I-130 only in April 2010 and decided to wait....it is now near the end of September and after the initial reciept notice we are still waiting...should I have filed with the I-485 concurrently?...If so, can I file it now as I do not want to wait any longer WHILE my I-130 is still pending? My concern is that, after seeing other timelines I seem to be waiting the longest!
Thanks!

 

[citi786]

You should have file I-130 and I-485 co-currently. Please call the USCIS customer number and ask to speak to level 2 customer service and get an answer.
Good Luck!

 

[Jackolantern]

after asking around, we came to the understanding that I couldnt file I-485 without I-130 approval...

That is incorrect. You're married to a USC, so you could file the I-130 and I-485 concurrently. Go ahead and file the I-485 ASAP, attaching a copy of the I-130 receipt.

Perhaps the people you spoke to were thinking of consular processing, for which the I-130 must be approved before you can file the final paperwork at the consulate. But you are inside the US to pursue the I-485, so the consular processing is not relevant to you.