Form i-130 and i-485

[CanadianMattRN 0]

Hello, My husband and I (him US citizen, Me Canadian) have been together for almost 10 years (10 years in September 2025) and have been married for almost 4 years. I am currently in the US on a TN visa we filed a i-130, i-485, and i-765. I-130 was filed online and forms i-485 and i-765 were sent via mail right before christmas. I got my fingerprints done in january and a few weeks later i got my approval for the i-765 while my i-485 was still pending. recently I got a denial for my i-485 due to a missing document. Unfortunately my husband and I are not able to afford to file for another i-485 at this time. My employment authorization was cancelled but I was able to fall back onto my TN visa as the letter stated. The form i-130 is still pending at this time. I am in a bit of a predicament since the facility (nursing home) I work for is going to transition to a new employer. We have no idea when this change will happen and when it does my TN visa will be void. The timeframe given for the i-130 has shortened from 16 months to 8 months within the past few days. If it gets approved fairly soon how long will it take for the i-485 to be approved if we wait till we have the i-130 approval? I am stuck in a tough spot with not being able to afford another i-485 filing right now and the unknown transition date for the new company to take my current place of work. I want ot have an idea of what the possibilities are even though I know it can still significantly vary.

[appleblossom 4,281]

**Thread moved to Adjustment of Status from Work, Student, & Tourist Visas, as OP is hoping to adjust status**

[Boiler 47,329]

Nothing will happen until you file a new I 485

 

Did you get a rfe what did you miss

[CanadianMattRN 0]

6 minutes ago, Boiler said:

Nothing will happen until you file a new I 485

 

Did you get a rfe what did you miss

Yes when they asked for more information and requested a form (I can’t remember the name right now) and they asked for the most recent tax forms. I forgot to send the copy of the tax form. I know nothing will happen until the I-485 is complete but I didn’t know if having the I-130 approved before hand sped the process or if having the I-485 pending when the I-130 gets approved was better. And trying to figure out how we have to plan it financially depending on what people’s experiences have been.

[Boiler 47,329]

You need to file the I 485, they process independently and assuming your intent is to adjust the I 130 alone does nothing as far as status is concerned.

 

I assume you are a Nurse?

[OldUser 9,601]

New I-485 can take many months, even a year or more.

I-130 on its own doesn't give you any status.

 

Perhaps, you and /or your spouse can probably borrow money or take extra shifts and cut down expenses.

Immigration process should not be taken lightly.

 

Good luck!

Edited June 20 by OldUser

[Crazy Cat 44,242]

12 hours ago, CanadianMattRN said:

when it does my TN visa will be void.

I would expect a new TN or a renewal will be problematic. Consider this another vote to borrow the money and file a proper I-485 and I-765 asap.

Edited June 20 by Crazy Cat

[Rocio0010 5,729]

The problem is, if the TN is terminated and you don't have a 485 on file at least (not necessarily approved, just filed with a receipt number) you would be out of status, which under this administration is not something to be taken lightly. And then you would be in much more trouble than if you borrowed money now and just file. Especially since you now know what was missing the first time. 

[Boiler 47,329]

All the Nurses I have come across are very well paid.

[mam521 2,481]

Echoing what the others have said, beg, borrow, something to get those forms in.  Often Canadians tend to take immigration a little too lightly...BIG mistake, especially in the current climate.  Immigration is a privilege, not a right.  You don't want an overstay and you don't want to jeopardized your professional licensing.  So, either get the forms in to adjust or head back to Canada and proceed with consular processing, when you have the funds.  

[pushbrk 13,582]

Borrow if you must, but file the I-485 and all the supporting forms and documents.  Do it right this time.  Once filed, you might lose your ability to work, but you'll be ok to stay in the USA.