Can I file an I485 while my I130 is still pending?

I did not file concurrently because my wife was not in the US but in the time
since she came to the US.

Asked on December 31, 2017 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can submit I-485 while I-130 is pending depending on the type of i-130 it is.  If it is an immediate relative petition that has a visa immediately available, you can file concurrently the I-485.  Otherwise, you have to wait until the I-130 is approved and the visa priority date is current.

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