Filing I-485 while I-130 is still pending/not approved yet

[thepanda 87]

Hi there, 

 

my PD is April 6th, 2017 and I currently reside in the US with a valid E2 Visa. The upcoming VB for March 2018 states that Filing Chart B will jump up to May 1st, 2017 (see attachment). Let's assume that the AOS Filing Chart will allow  us to use Filing Chart B to file I-485.  According to the i-485 instructions (see attachment)I would be allowed to file AOS even though our filed i-130 is still pending and has not been approved yet. Could I really file even though my i-130 hasn't been approved? I have read about people whose paperwork were rejected and came back.  Thank you! 

Edited February 13, 2018 by thepanda

[thepanda 87]

Really? No one has any experience or has any idea?

[QAF2A 27]

Hi,

 

I'm in the same boat. My PD is 02/01/2017. I-130 still pending.

I am also confused on whether we can file the i 485 pack.

Called USCIS multiple times to ask about this and every time we get a different answer. Very confused.

I'm in California service center but I see that other service centers have processed I 130s pass my PD. I hope our dates for filing chart doesn't retrogress!

Hope somebody with prior experience could guide us on what to do.

[thepanda 87]

12 hours ago, QAF2A said:

Hi,

 

I'm in the same boat. My PD is 02/01/2017. I-130 still pending.

I am also confused on whether we can file the i 485 pack.

Called USCIS multiple times to ask about this and every time we get a different answer. Very confused.

I'm in California service center but I see that other service centers have processed I 130s pass my PD. I hope our dates for filing chart doesn't retrogress!

Hope somebody with prior experience could guide us on what to do.

Thank you for calling! The laws are very confusing. I don’t think anyone really understands it except or the lawmakers. The definitions give too much room for interpretations. 

[nocardyet 4]

few say,, 485 can be filed

 

https://www.avvo.com/legal-answers/can-i-file-form---i485-when-i130-is-pending-and-pr-1279258.html

[QAF2A 27]

10 hours ago, thepanda said:

Thank you for calling! The laws are very confusing. I don’t think anyone really understands it except or the lawmakers. The definitions give too much room for interpretations. 

Totally agree with you. The laws are written very loosely, and not implemented well. I'm going to try filing next month and see what happens.

35 minutes ago, helloharsha said:

few say,, 485 can be filed

 

https://www.avvo.com/legal-answers/can-i-file-form---i485-when-i130-is-pending-and-pr-1279258.html

Everything changed after October 2015. There are so few experiences and cases known that we can look up to. 

[thepanda 87]

12 hours ago, QAF2A said:

Totally agree with you. The laws are written very loosely, and not implemented well. I'm going to try filing next month and see what happens.

Same here. I wanted to try to. All they are going to do is reject your application an send it back. 

 

12 hours ago, QAF2A said:

Everything changed after October 2015. There are so few experiences and cases known that we can look up to. 

Exactly. Since then nobody is really sure and I tread different answers regarding filing AOS while I-130 is pending. I have read in a Facebook group that a couple of people tried though and got rejected. I can’t find the posts anymore. I’ll try to find it again.