I-485 before approval of I-130

[care_candidate]

What happens when I-130 is submitted and priority dates becomes current and I-130 approval is not received?

Is it alright to file I-485 as concurrent or any other way?

[newacct]

Yes, you can file I-485 even if I-130 is pending. Note that the chart that decides whether you can file I-485 in a given month is here.

[care_candidate]

Thanks @newacct

For July 2019,

It is current for "Final Action Chart" and it March 2019 for "Date of filing".

My understanding is that if it is current in Final action chart, we should go with that right?

Even though they said to use "Date of filing Chart". Final action Chart always supersedes Date of filing chart.....Right?

[newacct]

The USCIS AOS filing chart for July 2019 isn't out yet.

[care_candidate]

17 hours ago, newacct said:

The USCIS AOS filing chart for July 2019 isn't out yet.

It is.

[newacct]

It says to use Dates for Filing chart for family-based categories for AOS for Jul 2019, and that chart is not current for F2A, but at March 2019. It is unclear whether you can argue that you should be able to file based on Final Action Dates.

[care_candidate]

1 hour ago, newacct said:

It says to use Dates for Filing chart for family-based categories for AOS for Jul 2019, and that chart is not current for F2A, but at March 2019. It is unclear whether you can argue that you should be able to file based on Final Action Dates.

Exactly!

I always thought Final action chart always moves behind or Date of filing chart. And Final action chart is the one we should follow to get things moving; sometimes Date of filing is just for filing and nothing happens after that.

Now that Date of filing is behind and also active, which one to follow?

[newacct]

On 6/14/2019 at 12:55 PM, care_candidate said:

Exactly!

I always thought Final action chart always moves behind or Date of filing chart. And Final action chart is the one we should follow to get things moving; sometimes Date of filing is just for filing and nothing happens after that.

Now that Date of filing is behind and also active, which one to follow?

Update: USCIS has updated the AOS filing chart for July to indicate that F2A is current, meaning all F2A can file I-485 in July (either concurrently with I-130, or after I-130 is filed, regardless of priority date).

Edited June 27, 2019 by newacct