Again for I 485

[Panda123 1]

Hello,

I have one question and will be very happy of someone could give me correct answear.

I - 130, PD 21/12/2012.

I - 130 was approved on 08/08/2013.

I arrived in the USA on 12/9/2013.

Can I fill out I 485?

Thanks,

[Penguin_ie 5,993]

Did you intend to do so before you arrived in the USA? It is visa fraud to use your tourist visa with the intent of immigrating.

However, if your plans changed after you arrived then yes, you can.

[aaron2020 11,651]

Can you? Yes.

Should you? No.

It's illegal to enter the US on a non-immigrant visa with the intent to adjust status.

At this point where you are outside the US, you cannot plan to adjust after you enter on your non-immigrant visa. This is immigration fraud.

You are really close to being done and getting your green card. Don't risk it by doing something that is considered immigration fraud.

The safest route is for you to visit, then return home for your immigration visa.

[f2a485 9]

yes you can file but it depends on the timing. You said you arrived the US on 12/9/13 is that sept 12, 2013 (British style) or Dec 9,2013 (American style).

I believe it is sept 12, 2013 since we are not yet in Dec 2013 :)

Assuming you are in F2A, if that is the case, the timing is wrong and will be considered visa fraud because you came in while the visa were current so they will assume there was an intention there.

If you came over before the PD was current you could go ahead and file 485 and they will understand that things changed after you arrived. I have seen folks done this without a problem.

like others have said it, do not risk it, u are almost there. I will be patient and do it right.....