When to file I-485 ?

maui98

Registered Users (C)
I filed I-130 for my wife last October, it is estimated that our I-130 will be processed in the next two month. Do I need to file I-485 now or wait until our I-130 is approved ?

Thanks
 
maui98 said:
I filed I-130 for my wife last October, it is estimated that our I-130 will be processed in the next two month. Do I need to file I-485 now or wait until our I-130 is approved ?

Thanks

Are you a USC or an LPR?

If you are a USC, you don't have to wait for the approval of the I-130 to file I-485 pk... in fact the spouse of a USC may file the I-485 concurrently with I-130. Now if you have already filed the I-130 and have received the I-797 (Notice of Action aka NoA), you guys can file the I-485 pk and include the NoA for I-130.

If you are an LPR, you must wait for your Priority Date to become current before filing the I-485.

Hope this helps. USC
 
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