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prince_86

Can you apply I-485 while I-130 is pending?

By prince_86 in Adjustment of Status from Work, Student, & Tourist Visas

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prince_86 Rookie

prince_86   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Hello,

I need advise from all you smart people. I am a USC and applied I-130 for my wife back back in June 6th 2014. My wife has a b1/b2 visa. She has been travelling back and forth without any issues. She's currently in US and her 6 month stay expires in April. Initially, we wanted to go with consular processing and that's why i just applied only I-130. But things have changed since then. We got a RFE on December 15th 2014. I responded back and USCIS received it on December 30th 2014. Its been two weeks and we haven't received any updates.

Meanwhile, my wife has a potential Job offer starting in June. My question is: Can I apply Adjustment of status for her with pending I-130 or should we wait for the approval?

Thanks

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.***

**Moderator hat off**

To get the semantics out of the way first, you didn't "apply I-130" or apply for anything else, you filed an I-130 petition form.

To answer your question, yes, she (not you) can apply for Adjustment of Status. However, she must also apply for an Employment Authorization Document (EAD) at the same time or she will not be able to start the job.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Yes, she can. Make sure you include a copy of the I-130 NOA1 with the I-485 package.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~~Hijack post removed.~~

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

  • 3 years later...
nocardyet Contributor

nocardyet   4

Posted
Timeline
Posted
On 1/13/2015 at 5:40 PM, prince_86 said:

Hello,

I need advise from all you smart people. I am a USC and applied I-130 for my wife back back in June 6th 2014. My wife has a b1/b2 visa. She has been travelling back and forth without any issues. She's currently in US and her 6 month stay expires in April. Initially, we wanted to go with consular processing and that's why i just applied only I-130. But things have changed since then. We got a RFE on December 15th 2014. I responded back and USCIS received it on December 30th 2014. Its been two weeks and we haven't received any updates.

Meanwhile, my wife has a potential Job offer starting in June. My question is: Can I apply Adjustment of status for her with pending I-130 or should we wait for the approval?

Thanks

Please advice.. did you file 485 while  130 is pending?

 

 

 
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