Can I-485(AOS) be filed, While I-130 still pending?

[sasaqlain 24]

I Have two questions.

1) I am currently in the US on a B-1/B-2 Visa. Got married and had my USC wife submit an I-130. Since i lacked certain documents, we couldn't file for the I-485 concurrenly. Now can I file for I-485 while the I-130 is pending. We are awaiting NOA from the USCIS Chicago.

2) I dont have any vaccination record with me. Will I have to go through the entire vaccination list!!! Or will they waive off certain vaccinations due to age(34 years).

Your help will be appreciated.

[YuAndDan 153]

1) YES, however, you will need to attach copy of I-130 NOA1 letter to base the I-485 on, and check box "A" on the I-485.

2) Not the whole list, just the ones that are appropriate for your age group, the doctor will know this. Also for I-693 is not required to be done before filing the I-485, the directions indicate that you "MAY" include one, if you don't, USCIS will request that you bring it to the AOS interview.

[sasaqlain 24]

Thank You YuandDan!!! You have been a great help!!!!! But In the Part 2 of I-485, isn't the Box A for an approved Notice. Mine would still be pending.

Again, on the medical question, you have been great help. I think i should submit the I-485 without delay and worry about the I-693 later.

Anybody else wants to second YuAndDan's advice, even though he has re-affirmed it.

Edited December 4, 2008 by sasaqlain

[YuAndDan 153]

Thank You YuandDan!!! You have been a great help!!!!! But In the Part 2 of I-485, isn't the Box A for an approved Notice. Mine would still be pending.

Again, on the medical question, you have been great help. I think i should submit the I-485 without delay and worry about the I-693 later.

Anybody else wants to second YuAndDan's advice, even though he has re-affirmed it.

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

Your case is 1. B. above, you just did not include the I-130 with the I-485, the I-130 NOA1 letter indicates that a petition has been filed for the immigrant visa.

I have seen several K-3s do this without a problem, the I-485 gets held until I-130 is approved.

Edited December 4, 2008 by YuAndDan

[sasaqlain 24]

Thank You YuAndDan! You have been of great help. One more thing. The USCIS hasn't cashed the check that was submitted with the I-130 which they received a week ago. Is that a matter of concern or routine time frame.

Thank you again.

[YuAndDan 153]

Thank You YuAndDan! You have been of great help. One more thing. The USCIS hasn't cashed the check that was submitted with the I-130 which they received a week ago. Is that a matter of concern or routine time frame.

Thank you again.

Can take several weeks depending on how busy they are, also consider that there was a Holiday last week, more than likely they were closed last Thursday and Friday.

[sasaqlain 24]

YuAndDan....Thanks again. You are right. The thanksgiving holidays weren't factored in. Am just awaiting the action from the USCIS, so that i can file the AOS. I hope they accept the AOS application without the I-693 and i am able to get some relief in terms of EAD & the ability to get the SSN. Any idea when will i be able to acquire the SSN so as to get hold of a driver's license and be able to operate a bank account.

[YuAndDan 153]

YuAndDan....Thanks again. You are right. The thanksgiving holidays weren't factored in. Am just awaiting the action from the USCIS, so that i can file the AOS. I hope they accept the AOS application without the I-693 and i am able to get some relief in terms of EAD & the ability to get the SSN. Any idea when will i be able to acquire the SSN so as to get hold of a driver's license and be able to operate a bank account.

You will be able to get SSN only after you become authorized to work, so file I-765 along with the I-485 to get an EAD card. Base the I-765 on pending I-485 (C )(9 ) there is no extra fee for the I-765 when included with the I-485 and based on the I-485.

EAD or green-card is needed to get SSN.

[sasaqlain 24]

The information you provided helped me alot YuAndDan. Appreciate it. I have compiled the I-485 package. Just waiting to receive the NOA1 from the USCIS for the I-130 so that I can attach it to the I-130. I have another issue. I hope you might be able to help me on that. Just want to double check since you seem to know alot about these matters. While filing the I-130 My mife mistakenly put on the form, the FINS# on the I-94 card that the Immigration officer writes instead of the imprinted I-94 number of the card. Although the I-94 Photocopy is attached along with the documents, i was concerned. Do you think it might mess up the application. We simply didn't know which number would be the I-94 number.

Awaiting your reply.

Thanks Again.

[YuAndDan 153]

The information you provided helped me alot YuAndDan. Appreciate it. I have compiled the I-485 package. Just waiting to receive the NOA1 from the USCIS for the I-130 so that I can attach it to the I-130. I have another issue. I hope you might be able to help me on that. Just want to double check since you seem to know alot about these matters. While filing the I-130 My mife mistakenly put on the form, the FINS# on the I-94 card that the Immigration officer writes instead of the imprinted I-94 number of the card. Although the I-94 Photocopy is attached along with the documents, i was concerned. Do you think it might mess up the application. We simply didn't know which number would be the I-94 number.

Awaiting your reply.

Thanks Again.

That probably will not cause a problem, I suspect MANY mess that one up, the adjudicator more than likely will use the photo copy of I-94 when doing research.

[sasaqlain 24]

Thanks YuAndDan,

This is exactly what i was told at a different forum. I just wanted to double-check it. I'll certainly seek your advice, should i feel stuck while in the process.

Regards and once again, am grateful for your time and advice.

[sasaqlain 24]

What would my Current USCIS Status be in the I-485 form. I am currently in the US on a B-1/B-2 Visa? Anybody?

[sasaqlain 24]

Hi YuAndDan

Hi! I am about to file the I-485. Have to undergo the full I-693 medical along with vaccinations. How much time does it take to get the form completed assuming all is well?