Concurrent Filing I-130 and I-485

[saman.aghazadeh 2]

Hey Folks,

 

I know this question is asked hundred times, but due to many conflicting answers, I would like to ask again.

 

I am an LPR, where I got it through work. My wife is on OPT right now, and it will be valid until end of Dec 2023. I'm going to file for I-130, and based on my research we can file I-485 concurrently as well, so she can obtain her EAD to use after her OPT is done. And then be able to work and travel, until we received the decision result.

 

Question: Is this correct that we can file I-130 and I-485 concurrently (at least by the end of april, where dat for filing for F2A is still current), and she stay on pending adjustment of status?

 

Thanks

[OldUser 6,613]

11 minutes ago, saman.aghazadeh said:

Hey Folks,

 

I know this question is asked hundred times, but due to many conflicting answers, I would like to ask again.

 

I am an LPR, where I got it through work. My wife is on OPT right now, and it will be valid until end of Dec 2023. I'm going to file for I-130, and based on my research we can file I-485 concurrently as well, so she can obtain her EAD to use after her OPT is done. And then be able to work and travel, until we received the decision result.

 

Question: Is this correct that we can file I-130 and I-485 concurrently (at least by the end of april, where dat for filing for F2A is still current), and she stay on pending adjustment of status?

 

Thanks

Have you checked visa bulletin table? I don't think she can file I-485. Her visa isn't current.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html

 

It says:

"For April, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01NOV18. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01NOV18 and earlier than 08SEP20. All F2A numbers provided for MEXICO are exempt from the per-country limit."

"

 

What country is she from?

Looks like all chargeablity is 2020 right now. So 3 years.

 

Edited April 10, 2023 by OldUser

[saman.aghazadeh 2]

I can see from here https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin 

that we should use table B. And it's Current.

[OldUser 6,613]

1 minute ago, saman.aghazadeh said:

I can see from here https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin 

that we should use table B. And it's Current.

Good catch, I accidentally looked at table A. I'll let the others comment.

[saman.aghazadeh 2]

Quote

 

Aside from being Current or not, my question is "Spouses of LPR holders with Valid status in USA can apply for I-485 in parallel, if conditions meet." Is this correct? There is some thinking among some people that only spouses of US citizens can file I-485 in parallel, which I believe is wrong, but not sure.

[OldUser 6,613]

25 minutes ago, saman.aghazadeh said:

Aside from being Current or not, my question is "Spouses of LPR holders with Valid status in USA can apply for I-485 in parallel, if conditions meet." Is this correct? There is some thinking among some people that only spouses of US citizens can file I-485 in parallel, which I believe is wrong, but not sure.

My understanding is the spouses of LPR should be in valid status all the way until AOS is adjudicated. Which OP's wife is not going to have after completing OPT. But others can correct me.

Edited April 10, 2023 by OldUser

[saman.aghazadeh 2]

From what I saw, I see many people file I-485 in parallel marrying a GC holder. In fact, I guess if you cannot go on pending AOS, then there is no reason for USCIS to accept your I-485 form. Just not sure why USCIS website is not clearly defined rules in this case.

 

[OldUser 6,613]

30 minutes ago, saman.aghazadeh said:

From what I saw, I see many people file I-485 in parallel marrying a GC holder. In fact, I guess if you cannot go on pending AOS, then there is no reason for USCIS to accept your I-485 form. Just not sure why USCIS website is not clearly defined rules in this case.

 

I would be way more confident about this scenario if your wife was on F1, on second year of 4 year program with OPT ahead and current visa.

 

See this

Edited April 10, 2023 by OldUser

[saman.aghazadeh 2]

This may be relevant. The user explains the situations with marrying GC holders.

 

 

[Boiler 45,451]

She needs AP to travel

[saman.aghazadeh 2]

Yeah I understand the AP. The question is mainly parallel filing of I-485 with I-130.

 

[Boiler 45,451]

10 minutes ago, saman.aghazadeh said:

Yeah I understand the AP. The question is mainly parallel filing of I-485 with I-130.

 

You mentioned needing to travel and that aspect was not answered 

[saman.aghazadeh 2]

Thanks Boiler!

[Chancy 6,241]

7 hours ago, saman.aghazadeh said:

Is this correct that we can file I-130 and I-485 concurrently (at least by the end of april, where dat for filing for F2A is still current)

 

Correct -- ok to file I-130/I485 concurrently while F2A is current on the visa bulletin (table B for AOS, as of today).  Could change next month.