I-485 Adjustment of Permanent Residence/Statud

[D3vilD0g6582 15]

My wife and I are currently waiting on our I-130 to get approved. I filed May 11,2023 and have been pushed back twice, after getting down to less than a week we get pushed back 9 months. This was the second time. She is Filipina and is working in Hong Kong. My question is about the I-485. Can I file that form after she comes home, or does it have to be done/approved before she can come home? 

[appleblossom 2,485]

Just now, D3vilD0g6582 said:

My wife and I are currently waiting on our I-130 to get approved. I filed May 11,2023 and have been pushed back twice, after getting down to less than a week we get pushed back 9 months. This was the second time. She is Filipina and is working in Hong Kong. My question is about the I-485. Can I file that form after she comes home, or does it have to be done/approved before she can come home? 

 

When you say she's working in HK, you mean just on a business trip? What's her status in the US?

[SalishSea 17,827]

11 minutes ago, D3vilD0g6582 said:

My wife and I are currently waiting on our I-130 to get approved. I filed May 11,2023 and have been pushed back twice, after getting down to less than a week we get pushed back 9 months. This was the second time. She is Filipina and is working in Hong Kong. My question is about the I-485. Can I file that form after she comes home, or does it have to be done/approved before she can come home? 

No, if she’s not in the US, you can’t file that form.  Nor can she enter the U.S. with the plan to adjust status.   That is fraud.

[Crazy Cat 41,845]

17 minutes ago, D3vilD0g6582 said:

My question is about the I-485. Can I file that form after she comes home, or does it have to be done/approved before she can come home? 

The I-485 does not apply.

[Verrou 1,962]

if shes doing consular processing, only need to file i-130. what do you mean when u said push back? 

[Redro 4,611]

3 hours ago, D3vilD0g6582 said:

My wife and I are currently waiting on our I-130 to get approved. I filed May 11,2023 and have been pushed back twice, after getting down to less than a week we get pushed back 9 months. This was the second time. She is Filipina and is working in Hong Kong. My question is about the I-485. Can I file that form after she comes home, or does it have to be done/approved before she can come home? 

i130 takes about 12 months to be approved. don’t pay attention to the “estimated processing time” 

[D3vilD0g6582 15]

6 hours ago, appleblossom said:

 

When you say she's working in HK, you mean just on a business trip? What's her status in the US?

She's a domestic helper in Hong Kong. No status in the US at the moment. I am a USC. 

[D3vilD0g6582 15]

6 hours ago, SalishSea said:

No, if she’s not in the US, you can’t file that form.  Nor can she enter the U.S. with the plan to adjust status.   That is fraud.

Ok, I thought that I could wait until she is home in the US but wasn't exactly sure if it had to be filed in order for her to come home in addition to the I-130. 

[Dashinka 24,493]

2 minutes ago, D3vilD0g6582 said:

She's a domestic helper in Hong Kong. No status in the US at the moment. I am a USC. 

Then as the other responses stated, the I485 is not needed.  When the I130 is processed and reaches the NVC stage you will need to provide the I864.

 

Good Luck!

[Dashinka 24,493]

1 minute ago, D3vilD0g6582 said:

Ok, I thought that I could wait until she is home in the US but wasn't exactly sure if it had to be filed in order for her to come home in addition to the I-130. 

When you say come home to the U.S., it is confusing.  Do you mean after she receives her spousal visa and come to the U.S. permanently?  If so, she will become a U.S. legal permanent resident the moment she enters the U.S. with the valid CR1/IR1 visa and therefore no need for the I485.

 

Good Luck!

[appleblossom 2,485]

24 minutes ago, D3vilD0g6582 said:

She's a domestic helper in Hong Kong. No status in the US at the moment. I am a USC. 

 

Your use of 'home' was confusing, it sounded as though she already lived there on a temp visa. So as said above, the I-485 isn't relevant to you, it doesn't form part of consular processing. This overview of the whole process may be useful, so you can understand each step - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Edited March 11 by appleblossom

[D3vilD0g6582 15]

6 hours ago, Verrou said:

if shes doing consular processing, only need to file i-130. what do you mean when u said push back? 

The time for a decision on the I-130. When I first submitted, it was around 11 months and once we got down to 5 months it was pushed back 4 months. After we got down to less than a week sometime in Dec it said "there are longer wait times than expected ". The following week, it got pushed back 9 months. 

[D3vilD0g6582 15]

1 hour ago, Dashinka said:

When you say come home to the U.S., it is confusing.  Do you mean after she receives her spousal visa and come to the U.S. permanently?  If so, she will become a U.S. legal permanent resident the moment she enters the U.S. with the valid CR1/IR1 visa and therefore no need for the I485.

 

Good Luck!

Yes, that is what I meant. Sorry for the confusion. And thank you! 

7 hours ago, Crazy Cat said:

The I-485 does not apply.

Ok, thank you! 

[D3vilD0g6582 15]

1 hour ago, Dashinka said:

Then as the other responses stated, the I485 is not needed.  When the I130 is processed and reaches the NVC stage you will need to provide the I864.

 

Good Luck!

Thank you! 

[D3vilD0g6582 15]

3 hours ago, Redro said:

i130 takes about 12 months to be approved. don’t pay attention to the “estimated processing time” 

Thanks!