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nkroy

Please help --- Can I-130 and 485 be filed consurrently

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Hey guys if someone can help i will really appreciate it

My Sister is an US citizen and she is planning to file I-130 for me .. I live in the US since last 5 years on H1 and 2 years before that as a F1

Can 485 be filed at the same time as I-130 ?

And if approved does that mean i get an EAD for me and my wife

All help will be appreciated

This is what i read of USCIS website

2. If your relatives are already in the United States and

entered legally, then they may be able to file an I-485

application to adjust their status to lawful permanent resident

at the same time as you file the I-130 relative petition.

Petitions filed at the same time with permanent residence

applications (I-485) must be filed at a location that is different

from where you would file an I-130 petition by itself. Please

read the instructions for the two addresses where concurrent

filings can be mailed.

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If the I-130 is filed by a US citizen on behalf of his/her sibling, then it is a fourth preference petition. The priority date of the I-130 petition must be current before the Beneficiary can file the I-485.

For that reason, an I-130 and I-485 cannot be filed concurrently for the sibling of a US citizen.

I-130/I-485 concurrent filings are only available for immediate relatives of US citizens, i.e. spouse of a US citizen, parent of US citizen (when the US citizen is over 21 years old), and unmarried child under 21 of a US citizen. The brother or sister of a US citizen is not an "Immediate Relative" under immigration law.

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