eligibility of filing I-485

[blueberryaa 0]

Hi, We filed I-130 outside of the U.S in October 2015, now I am travelling in the U.S with VWP. I am wondering if I am eligible to file I-485 without I-130 approval notice. The USCIS officer told me I could attach the receipt of I-130, however an immigration attorney told me I could not file I-485 until I get approved of I-130. I am kind of confuse...

Edited February 2, 2016 by blueberryaa

[teeak 224]

Are you going to the US on VWP with the intention to adjust and immigrate? This is illegal and considered fraud.

If you are filing in a category that has no visa restrictions (i.e. spouse of a USC, parent of a USC etc...) then you can file it with an I-130 receipt notice. Otherwise, for other categories, you would need to wait for your PD to be current.

[blueberryaa 0]

I was filing a spouse category, I didn't have intention to adjust until an USCIS officer told me that I could file I-485 when I am in the states.

[teeak 224]

Ahh ok, yes then you may submit forms to adjust your status.

You can follow this guide here: http://www.visajourney.com/content/i130guide2

Just ignore the I-130 portion and instead provide a copy of your receipt notice. If you read the I485 form, Part 2, Box A applies to you.

Edited February 2, 2016 by teeak

[JNC09 5]

are you in the US now?

[teeak 224]

are you in the US now?

I think so, I reread OP's statement and it says they are travelling the US on VWP.

[blueberryaa 0]

yes I am in the US now.