Can I file I-485 form while my I-130 is still pending?

[Aston]

Greetings,

My husband and I are working in Afghanistan and lately, we are decided to move back to the US in July 2014 because of the security issues. My husband filed the I-130 form in March 2014 while we are outside the US and now we are waiting for the approve but it seems like the process is too slow. We will leaving Afghanistan at the end of this month with my US tourist visa--my questions are as following:

1. Can I change the address and waiting for the I-130 approve when I am in the US?
2. Can I file the I-485 form when I arrive the US immediately? (Even I have not got the approve from I-130)

Thank you for your help,

Aston McNally

[rayb]

Yes, to both questions, if your husband will be in the U.S.

A copy of the I-130 receipt Notice should be included with your I-485 (and supporting documents) when filed.

--Ray B

Greetings,

My husband and I are working in Afghanistan and lately, we are decided to move back to the US in July 2014 because of the security issues. My husband filed the I-130 form in March 2014 while we are outside the US and now we are waiting for the approve but it seems like the process is too slow. We will leaving Afghanistan at the end of this month with my US tourist visa--my questions are as following:

1. Can I change the address and waiting for the I-130 approve when I am in the US?
2. Can I file the I-485 form when I arrive the US immediately? (Even I have not got the approve from I-130)

Thank you for your help,

Aston McNally

[dustinm]

Similar circumstances

Hi,

My question relates to a similar scenario; my wife lives in New York and I am currently in London. We filed the I-130 in early September and had intended to wait for it to be approved following the traditional route of being processed by National Visa Service and the green card issued by the US Embassy in London. My circumstances in the UK will potentially change which would allow me to move to New York sooner. Are we able to file the I-485 now to speed up the process? I hold a current B1/B2 visa (in my south african passport). Am I correct in assuming that I would be able to take up employment in the US whilst we wait for these to be processed and approved?

Thanks in advance.

Dustin

[rayb]

Dustin,

You have the right idea, but a couple of details are off base

1. A Green Card is not issued abroad. It doesn't show up until one arrives in the U.S. as an immigrant and pays the $165 fee for it to be issued. A temporary I-551 stamp is annotated in one's passport upon entry, bestowing one-year Permanent Resident status pending arrival of the Green Card.
2. Your I-485 has to be submitted to a U.S. USCIS address, and you must be in the U.S. to be processed for the I-485. If you submit your I-485 from the U.K., but are then not allowed to enter the U.S. because of your preexisting "intent to immigrate" I-130 petition, you will lose your $1,070 I-485 fee for "abandonment" of that procedure.
3. If you enter the U.S. and submit the I-485 correctly (with Work Authorization form I-765 included), you will then receive a temporary Work Authorization about 3 months after the I-485 is submitted.

--Ray B

Hi,

My question relates to a similar scenario; my wife lives in New York and I am currently in London. We filed the I-130 in early September and had intended to wait for it to be approved following the traditional route of being processed by National Visa Service and the green card issued by the US Embassy in London. My circumstances in the UK will potentially change which would allow me to move to New York sooner. Are we able to file the I-485 now to speed up the process? I hold a current B1/B2 visa (in my south african passport). Am I correct in assuming that I would be able to take up employment in the US whilst we wait for these to be processed and approved?

Thanks in advance.

Dustin