Can I file For I-485, while I-130 Is Pending?

[sasaqlain 24]

I Have two questions.

1) I am currently in the US on a B-1/B-2 Visa. Got married and had my USC wife submit an I-130. Since i lacked certain documents, we couldn't file for the I-485 concurrenly. Now can I file for I-485 while the I-130 is pending. We are awaiting NOA from the USCIS Chicago.

2) I dont have any vaccination record with me. Will I have to go through the entire vaccination list!!! Or will they waive off certain vaccinations due to age(34 years).

Your help will be appreciated.

[tanyaru 3]

I Have two questions.

1) I am currently in the US on a B-1/B-2 Visa. Got married and had my USC wife submit an I-130. Since i lacked certain documents, we couldn't file for the I-485 concurrenly. Now can I file for I-485 while the I-130 is pending. We are awaiting NOA from the USCIS Chicago.

2) I dont have any vaccination record with me. Will I have to go through the entire vaccination list!!! Or will they waive off certain vaccinations due to age(34 years).

Your help will be appreciated.

You can submit I-485 with a copy of NOA1 you received for I-130.

Most of the vaccines on the medical could be done multiple time, so most likely you will have to do it all over (except chicken pox).

[sasaqlain 24]

Thank You Tanyaru for your response, Its lifted a burden off my chest. I have one more question though. While filing the I-485, I have to fill in part 2(I am applying for an adjustment to permanent resident status because) what should I mention. Since there is no approval notice, should I check (H) other basis of eligibility. Thank You.

Edited December 4, 2008 by sasaqlain

[jhunjhun 7]

Thank You Tanyaru for your response, Its lifted a burden off my chest. I have one more question though. While filing the I-485, I have to fill in part 2(I am applying for an adjustment to permanent resident status because) what should I mention. Since there is no approval notice, should I check (H) other basis of eligibility. Thank You.

I'll suggest check letter "a" since you're sort of filing it concurrently with I-130. If you filed I-485 concurrently with I-130, choose "a" because your visa is become available since you filed it concurrently.

[sasaqlain 24]

Thanks JhunJhun...... Appreciate your help. I'll check it...It makes sense. Will mail the I-485 when receive the NOA1 related to the I-130. Am just awaiting the USCIS response. They are yet to cash the 355$ check. Been a week now.

[sasaqlain 24]

Hi! I am about to file the I-485. Have to undergo the full I-693 medical along with vaccinations. How much time does it take to get the form completed assuming all is well? Anybody had any experience care to share?

[jhunjhun 7]

Hi! I am about to file the I-485. Have to undergo the full I-693 medical along with vaccinations. How much time does it take to get the form completed assuming all is well? Anybody had any experience care to share?

It depends with the civil surgeon who's doing your medical. My medical took me about 8 days since I was waiting for availble surgeon to do my physical check up. Also, I've waited to get an appointment to our health centre for clerance since my TB Skin Test was positive but my chect x-ray was normal. I would say it depends on their schedules.

[GYV 0]

Hi,

Even I have similar questions…

1. I am currently in the USA on H1 B visa. Got married to US citizen and my husband submit an I 130 without I 485. Now We received I 130 receipt however I 130 is not approved yet. Can we file for I 485 while I 130 is pending. If yes do we have send copy of I 130 receipt while submitting I-485.

2. I already initiated the Green card process by submitting I 130. Do I have to still maintain my H1 visa to stay in US?

What happens if my employer cancel my H1 B visa before I submit I 485?

Let me know

Thanks

[TayRivers 4]

Hi,

Even I have similar questions…

1. I am currently in the USA on H1 B visa. Got married to US citizen and my husband submit an I 130 without I 485. Now We received I 130 receipt however I 130 is not approved yet. Can we file for I 485 while I 130 is pending. If yes do we have send copy of I 130 receipt while submitting I-485.

2. I already initiated the Green card process by submitting I 130. Do I have to still maintain my H1 visa to stay in US?

What happens if my employer cancel my H1 B visa before I submit I 485?

Let me know

Thanks

The I-485 should have been filed along with the I-130, as you did not do this you need to file the I-485 and include a copy of the NOA1 for the I-130. You do not need to wait until the I-130 has been approved. once the I-485 has been filed your status becomes AOS Pending and you will not need to maintain your H1 visa to remain in the USA.

[GYV 0]

Hi,

Even I have similar questions…

1. I am currently in the USA on H1 B visa. Got married to US citizen and my husband submit an I 130 without I 485. Now We received I 130 receipt however I 130 is not approved yet. Can we file for I 485 while I 130 is pending. If yes do we have send copy of I 130 receipt while submitting I-485.

2. I already initiated the Green card process by submitting I 130. Do I have to still maintain my H1 visa to stay in US?

What happens if my employer cancel my H1 B visa before I submit I 485?

Let me know

Thanks

The I-485 should have been filed along with the I-130, as you did not do this you need to file the I-485 and include a copy of the NOA1 for the I-130. You do not need to wait until the I-130 has been approved. once the I-485 has been filed your status becomes AOS Pending and you will not need to maintain your H1 visa to remain in the USA.

Thank you for reply...

I have more questions while filling I 485 Part 2 -- a) says that Attach a copy of the approval notice.

In my case I don't have Approval notice but I have receipt of I 130. So which option should i choose?

2) Do i need to attach copy of I 130 OR Copy of I 130 receipt?

[sasaqlain 24]

GYV

Just attach a copy of I-130's Notice of Action(NOA1) to your I-485 package. The NOA that you have is the receipt. They'll dig out your file through that. Good Luck.