Filing i485 based on pending i130?

[jcracked52 55]

So my understanding is you can file for i485 based on pending i130?

 

What happens if i130 is still pending for a while even after filing i485? Does the local USCIS field office still goes ahead and schedules interview for i485 and request i130 to be transferred to them? or do they wait for i130 to be approved before actually scheduling your interview? 

 

Just curious on how this works.

[geowrian 22,337]

Yes you can, if the PD is current (it is always current for the immediate relative of a USC).

 

The I-485 should be matched up to the I-130 (recall that a copy of the I-130's NOA1 is required). If so, then they will adjudicate them together.

Otherwise, the I-130 can get approved separately, and USCIS will adjudicate the I-485 separately. They should request the approved I-130 automatically if it somehow gets to NVC.

[jcracked52 55]

8 minutes ago, geowrian said:

Yes you can, if the PD is current (it is always current for the immediate relative of a USC).

 

The I-485 should be matched up to the I-130 (recall that a copy of the I-130's NOA1 is required). If so, then they will adjudicate them together.

Otherwise, the I-130 can get approved separately, and USCIS will adjudicate the I-485 separately. They should request the approved I-130 automatically if it somehow gets to NVC.

 

I am in F1 category. PD (May 2013) is current under Chart B (Date of filing) but NOT on Final Action. Can I still file? I have read some conflicting info. Some posts say I can only file if visa is immediately available (Chart A) but USCIS has authorized chart B. I am confused.

Edited September 23, 2019 by jcracked52

[geowrian 22,337]

1 minute ago, jcracked52 said:

 

I am in F1 category. PD (May 2013) is current under Chart B (Date of filing) but NOT on Final Action. Can I still file? I have read some conflicting info. Some posts say I can only file if visa is immediately available (Chart A) but USCIS has authorized chart B. I am confused.

Yes you can. USCIS is using the Dates for Filing chart for family-based categories right now.

https://www.uscis.gov/visabulletininfo

Quote

For all the other family-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for September 2019. 

 

[jcracked52 55]

6 minutes ago, geowrian said:

Yes you can. USCIS is using the Dates for Filing chart for family-based categories right now.

https://www.uscis.gov/visabulletininfo

 

 

Thanks for your reply. So if date is current under chart B, it is still considered visa as being "immediately available"? I was just confused with the terminology as to what visa being immediately available meant. I thought that only had to do with final action date even though USCIS authorized date of filing chart. 

[geowrian 22,337]

Just now, jcracked52 said:

Thanks for your reply. So if date is current under chart B, it is still considered visa as being "immediately available"? I was just confused with the terminology as to what visa being immediately available meant. I thought that only had to do with final action date even though USCIS authorized date of filing chart. 

The Final Action Dates determines if a visa is immediately available / PD is current. Your understanding there was correct.

But an I-485 can be filed based on the Dates For Filing chart for F1 right now.

[jcracked52 55]

7 minutes ago, geowrian said:

The Final Action Dates determines if a visa is immediately available / PD is current. Your understanding there was correct.

But an I-485 can be filed based on the Dates For Filing chart for F1 right now.

 

So since my i130 is pending, I can still file i485 even though visa is NOT immediately available to me?

 

As per i485 instructions: "

If a visa is immediately available, applicants ling under a family-based preference immigrant category do not have to wait until Form I-130 is approved to le Form I-485. If a visa is immediately available, you may le your Form I-485together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved." 

 

 

[geowrian 22,337]

5 minutes ago, jcracked52 said:

So since my i130 is pending, I can still file i485 even though visa is NOT immediately available to me?

 

As per i485 instructions: "

If a visa is immediately available, applicants ling under a family-based preference immigrant category do not have to wait until Form I-130 is approved to le Form I-485. If a visa is immediately available, you may le your Form I-485together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

Yes. The change to permit the Dates For Filing chart is fairly recent. The instructions stating to use this (for Sept. 2019) is here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-september-2019

Quote

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

1. Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
2. Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
3. If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
4.  “U” means unauthorized; for example, numbers are not authorized for issuance.

 

Edited September 23, 2019 by geowrian

[geowrian 22,337]

For some more info, the I-485 instructions for when to file refer to the USCIS website here: https://www.uscis.gov/greencard/visa-availability-priority-dates

Specifically, see https://www.uscis.gov/greencard/visa-availability-priority-dates#Concurrent

Quote

Concurrent Filing 

In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.

If you are seeking adjustment of status under a family-sponsored and employment-based preference category, you may concurrently file your Form I-485 with the Form I 130 or Form I-140 only if:

• Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
• The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
• When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.

 

[jcracked52 55]

I see. Thanks for your help! So, this is technically considered concurrent filing even though i485 will be filed many years AFTER i130 filing?

[geowrian 22,337]

Just now, jcracked52 said:

I see. Thanks for your help! So, this is technically considered concurrent filing even though i485 will be filed many years AFTER i130 filing?

Yes