Filing I-130 and I-485 together

[Annabelle3454 0]

My mom is currently in the USA and we have filed paperwork for her green card. I am a US Citizen and she had B type visa. She already had her biometrics about a month after we applied and now the status is as Interview pending...This status has been like that for the last 6-8 weeks. And my I-130 is still under Initial Review. Anybody knows how long it can take now before the green card?

[Ian H. 207]

I'm not sure how long AOS takes, but the I-130 usually takes 6 to 8 months. I don't know if the I-130 is processed separately. If they adjudicate the I-130 at the same time as the AOS, then I wouldn't know because the AOS timeframe is based on the workload of your local office. Did your mother submit the application for EAD/AP?

[NikLR 13,232]

~~moved to AOS from tourist, work, and student visas from bringing family members of USC to the USA as OP is seeking to AOS for their parent vs pursue a visa~~

[NikeS 49]

You filed jointly, so the I130 will be adjudicated with the I485. Her Greencard's approval will be dependent on your local office's workload. For Atlanta it could take 5.5 months according to uscis.gov but you be lucky and it takes a shorter time. Hope this helps.

[Annabelle3454 0]

We applied for AOS the same time as I-130. Did not do AP or EAD

[Ian H. 207]

Ok. With the NOA1 for the I-485 you would be able to submit the I-765 for the EAD and the I-131 for AP. Now, even if you think your mother may not need these now or in the foreseeable future, it's best to have them. The reasons I suggest are the following:

You may not know how long it would take for her to have AOS approved. I'm not sure if she will need to work, but the EAD isn't only for work. It serves to apply for an SSN, DL or state id, bank account, and several other things.

The AP, normally a letter, but when applied with the EAD, it's part of the same doc, allows your mother to travel outside of the US while her AOS is pending should she have to.

A person with a pending AOS cannot leave the states because their application would be considered abandoned and would be denied.

I have seen many people on here who didn't apply for AP and later regretted it because they had to travel for emergency and were scrambling at the last minute to get an expedited request or somewhat.

Best of all, it's free to submit both forms as part of the AOS application so it really is best to take advantage of it.

[Annabelle3454 0]

Thank you NikeS and Ian H!