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JR3

Can I apply I 485

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Hi,

Here is my situation. Right now I'm doing studies here in the US in F1 visa. I already have an approved I-130 but still waiting for the visa number to be current (about 3 more years). Can I actually apply for a I 485 to be able to stay here in the US while waiting for the visa number or do I have to go back home after I graduate?

Thanks

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Hi,

Here is my situation. Right now I'm doing studies here in the US in F1 visa. I already have an approved I-130 but still waiting for the visa number to be current (about 3 more years). Can I actually apply for a I 485 to be able to stay here in the US while waiting for the visa number or do I have to go back home after I graduate?

Thanks

No. You can only apply to adjust your status if a visa number is available (i.e., your PD must be current). Once your PD becomes current, then you can apply to adjust your status.

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Also keep in mind that any overstay will make you ineligible to file I-485, so you will have to leave the country when your F-1 visa runs out, and return when your PD is current and you finish visa processing.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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