I-130 and I-485

[niknak33 3]

Hi Guys,

My wife filed for me using the I-130 form (she is a LPR and we filed in June 2012). From what I have read on forums, most people file their I-485 at the same time. Should I have done that as well? Will that speed up the process of a green card?

I am slightly confused, any help?

Thanks.

[kzielu 1,149]

No, it will be denied and you would loose money. Most people file it because they are spouses of US citizens and can adjust status immediately. Spouses of LPRs need to wait (and maintain status) until their PD is current - then filing I-485 will have some effect.

[niknak33 3]

Thank you. That just saved me $1,000. Can I apply for a EAD visa or will get denied as well?

[Nich-Nick 3,354]

Thank you. That just saved me $1,000. Can I apply for a EAD visa or will get denied as well?

EAD is not a visa. It stands for Employment Authorization Document. You will be authorized to work when you arrive in the US with your visa and subsequently get your greencard. (assuming you are currently in the UK.) You've got to wait in line for a visa to become available since she is not a citizen. They only allow a limited number each year. Your priority date is June 2012. They are currently serving those with a date of August 2010.

[apple21 953]

F2A category takes 2-3 YEARS to complete (from i-130 to visa issuance). All we can do now is wait.

[aaron2020 11,651]

Thank you. That just saved me $1,000. Can I apply for a EAD visa or will get denied as well?

When an LPR files for a spouse, the case take 2-3 years. You do not get any immigration benefits during the wait. That includes working in the US. You do not qualify for the EAD. You will lose your money and it will be denied. Don't count on getting any immigration benefits based on the petition filed by your wife until your Priority Date becomes current in 2-3 years.

If you have another legal way to stay in the US, then you can do that. The petition filed by your wife gets you nothing for the next 2-3 years.

[velrich 50]

Hi Guys,

My wife filed for me using the I-130 form (she is a LPR and we filed in June 2012). From what I have read on forums, most people file their I-485 at the same time. Should I have done that as well? Will that speed up the process of a green card?

I am slightly confused, any help?

Thanks.

No need for the I-485 since you are not in the US and do not need to adjust status.

[DariaG 0]

No need for the I-485 since you are not in the US and do not need to adjust status.

[DariaG 0]

Hi, just want to pop into conversation!

My pd is feb 6 2012, I'm currently in US, my husband/petitioner isLPR, and since I wait for almost 12 month and not being able to work, when I can file i485 and were I can see that my pd is current, I have it on my NOA1. Can I use it as a base on for AOS?

[velrich 50]

Hi, just want to pop into conversation!

My pd is feb 6 2012, I'm currently in US, my husband/petitioner isLPR, and since I wait for almost 12 month and not being able to work, when I can file i485 and were I can see that my pd is current, I have it on my NOA1. Can I use it as a base on for AOS?

I just read the topic which you started. You were given the correct information there.

[DariaG 0]

I just read the topic which you started. You were given the correct information there.

Thanks, did you go through the same process? How it was?

Share with me, I'm desperate

[kzielu 1,149]

Hi, just want to pop into conversation!

My pd is feb 6 2012, I'm currently in US, my husband/petitioner isLPR, and since I wait for almost 12 month and not being able to work, when I can file i485 and were I can see that my pd is current, I have it on my NOA1. Can I use it as a base on for AOS?

You can track priority dates in you category in visa bulletin and of course you can't use NOA1 for AOS. It's entirely meaningless and even your NOA2 will be useless for AOS as long as your PD is not current. There is nothing to be desperate about, you have long wait in front of you.

http://travel.state.gov/visa/bulletin/bulletin_1360.html