In need of advice regarding 1-485. Can I file 1-485 while 1-130 is pending?

[JH&CH 0]

My spouse and I filed the 1-130 and 1-485 August of
2022. In 2023 we received an rfe for the 1-485 and
was denied due to missing a document. We reached
out to several lawyers for guidance and only heard
back from one. She told us that we weren't supposed
to file the 1-130 and 1-485 together. (The 1-130 was
submitted electronically and the 1-485 paper based
and mailed). Tbh, I'm quite stumped as to why that is
as l've seen hundreds of people file concurrently.
Now in 2024, our 1-130 is on its second rfe. One
being updated pictures of us (Dec 2023). Second,
resubmitting all of the initial evidence (Feb 2024).
We also have become aware of the new fee
increases that are starting April 1, 2024. We are
looking to file an 1-485 but are unsure. The lawyer
we've spoken to said we can't unless we file another
1-130. Is this correct? Or Can I file 1-485 while 1-130 is
pending?
More info on our case: I am a US citizen and spouse
s a Canadian citizen. Visitor visa overstay,

[Crazy Cat 39,264]

15 minutes ago, JH&CH said:

Or Can I file 1-485 while 1-130 is
pending?

Yes....But the I-130 has been pending for 17 months?  That seems longer than normal.

Edited March 14 by Crazy Cat

[Crazy Cat 39,264]

19 minutes ago, JH&CH said:

She told us that we weren't supposed
to file the 1-130 and 1-485 together.

Obviously not an immigration attorney.  Where are you right now?  It seems that both the I-130 and I-485 had significant issues.  I would consider hiring an attorney to straighten out the case.

Edited March 14 by Crazy Cat

[JH&CH 0]

@Crazy Cat our I-130 was sent to the Texas service center and the processing time is 18 months. Currently waiting to hear back on decision. As for the denial of the I-485 we missed a document and have learned from said mistake.

 

We plan on filing a second I-485 but lawyer said we cant until I-130 is approved. According to her we would have to submit another I-130 and I-485. 

[Crazy Cat 39,264]

8 minutes ago, JH&CH said:

@Crazy Cat our I-130 was sent to the Texas service center and the processing time is 18 months. Currently waiting to hear back on decision. As for the denial of the I-485 we missed a document and have learned from said mistake.

 

We plan on filing a second I-485 but lawyer said we cant until I-130 is approved. According to her we would have to submit another I-130 and I-485. 

I assume you are in the US right now....Are you out of status?  A denied I-485 is a serious and urgent matter.

Edited March 14 by Crazy Cat

[Boiler 43,446]

It sounds fixable but not with that lawyer. I 130 should be done by now.

 

So when you filed you sent the I 130 receipt with the I 485?

 

You  received a REF did you respond.

 

 

[OldUser 4,817]

2 hours ago, JH&CH said:

We reached
out to several lawyers for guidance and only heard
back from one. She told us that we weren't supposed
to file the 1-130 and 1-485 together.

Are you in removal proceedings? If yes, then lawyer is right, cannot file I-130 and I-485 together. Otherwise, they're wrong and it's OK advisable to file both forms together.

[Ontarkie 13,917]

~~Moved to AOS From WOrk, Student and Tourist Visas, from IR1/CR1 Progress Reports- As this both are in the US.~~

[Family 3,483]

File new I-130 and I-485 TODAY. Include the I-765/I-131 and I-864. Save yourself from fee increase and avoid legal fees , DIY is ok.

 

Because your first I-485 was denied , the underlying I-130 seemed to have gone in a black hole . Not worth dissecting if the RFE for missing doc involved that petition. 
 

Best course of action now is to file asap, even do the new I-693 medical  later once you get an RFE. Just make sure to get your filing accepted before 04/01
 

[Bob in Boston 624]

If you file a New I-130 I-485 I-131, I-765 I-864 and Medical, MAIL THEM ALL TOGETHER! Do not split the package up.