Concurrent i130 and i485 Petitions For TPS

[CZito 0]

I am attempting to file i130 and i485 concurrently, but I am concerned about the 'non immigrant visa number' portion. The i485 instructions are ambiguous at best but my reading would suggest that we can file concurrently, however given my wife is TPS, it complicates the process

Background

We have been together for almost 10 years, living together for 7 years, had a child together 2 years ago, and got married about 2 months ago. My wife has been on TPS for about 15 years and has left with advance parole on roughly 2 occasions. It was my impression that, especially after Matter of Arrabally, those leaving and reentering with advance parole, were considered 'inspected' for immigration petition purposes, is this true?

With this in mind, can I file my i130 and her i1485 concurrently? OR do i need to wait for the i130 to clear first before we can file her i485?

Thanks in advance... even after law school and being barred in 2 states (currently not practicing) this is still pretty confusing.

[KayDeeCee 4,893]

Yes, the entries with AP should be considered 'inspected' and she can file for AOS. You can do a search about AOS from TPS and find a few articles and law findings. You may have already seen this > https://cliniclegal.org/resources/articles-clinic/sixth-circuit-finds-tps-creates-eligibility-adjustment-under-section-245a

File concurrently > http://www.visajourney.com/content/i130guide2

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Boiler 45,649]

Agree file both.

[CZito 0]

Thank you both Boiler and Kay for the good news...

As to the case you linked Kay, I am VERY familiar with the 6th Circuits decision as it relates to EWI. We feel VERY fortunate that my wife left with advance parole since, as the linked article states near the bottom, the circuits are split on the status for those hoping for AOS when they originally EWI. Specifically, the 11th circuit (where I live) has ruled directly the opposite as the 6th circuit and if my wife was EWI we would have some major problems.

I will file in before the end of the week before things change again!!!

[CZito 0]

...and if you all don't mind, i have one more question regarding the i485. My original problem which led me to this forum, and in turn questioning whether we are eligible for file concurrently, stemmed from the portion of the i485 that asks for a nonimmigrant visa number. Since my wife is TPS, i am not aware of her having a nonimmigrant visa number. Should i simply leave this portion blank on the i485, or am I missing something?

Thanks again in advance