family based I-130 filing while employment based I-485 is pending

[vp1712]

Hi,

 

I am waiting for my I-485 approval filed under employment EB3 category. Since these dates are moving so slow, I am planning to file under F2A category through my wife.

 

My wife already has a GC since past 4 years. My lawyer told me that it is better to wait for her to become a US citizen and then I can get the GC quickly. But she does not have plans to become a US citizen. So I have couple of questions:

 

1) If I file under family based F2A category, will that have any effect on my employment based application? Will there be a problem in getting EAD renewed or getting AP?

 

2) For F2A application, I believe, the first step is to file for I-130? After I-130 is approved, what is the next step? Do I need to file for I-485 again? or is that not required since my employment based I-485 is already pending?

 

Please advise. 

 

 

Thanks.

 

Vikram

 

 

 

 

 

[Attorney_11]

The first step is to file an I-130. However, note that the family based F2A category is backlogged similar to how the EB-3 category for Indian citizens or nationals is backlogged. Consequently, it may be some time before an immigrant visa or LPR card is issued on the basis of the F2A petition. Assuming issuance of the LPR status ASAP is the goal, it would be more advantageous for the spouse to naturalize so that the petition would be classified as an immediate relative petition, which does not have any backlogs. There have been cases where a prior employment based I-485 has been converted to a family based I-485 through interfiling, but the prudent approach is to file a new family based I-485 with the immediate relative petition and then withdraw the employment based I-485 in consultation with a qualified attorney to ensure that there are no adverse effects from withdrawing the I-485 employment based. It is best to prepare a comprehensive strategy with a qualified competent immigration attorney.

[rambobu]

i was pending under eb3, spouse was an LPR. Filed 130 and waited for dates to become current. In the meanwhile spouse became USC and I interfiled my eb3 485 to the 130. Hired MLF to do the honours and got my green card. Took 8 months from the date she became a USC. Key is to have spouse apply for 130 asap.

[Attorney_11]

Please note that, per the August 2013 Visa Bulletin released by the US Department of State today, the F2A family based category for spouses and children of Lawful Permanent Residents is "Current" as of August 1, 2014. The US Department of State anticipates that it will remain current for some months. Prudent individuals would seek, if eligible and able, to file in the month of August itself and avoid potential retrogression in September, despite the statements from Department of State that the status would likely remain current for some months. See http://www.murthy.com/2013/07/10/newsflash-aug-2013-visa-bulletin-eb2-india-moves-fb2a-is-current/ for further details.

[balram1]

I am in the same situation as

vp171

I would like to know if is worth to file i-130 now since the dates are current and interfile with the previously filed i-485 in 2007

[balram1]

i was pending under eb3, spouse was an LPR. Filed 130 and waited for dates to become current. In the meanwhile spouse became USC and I interfiled my eb3 485 to the 130. Hired MLF to do the honours and got my green card. Took 8 months from the date she became a USC. Key is to have spouse apply for 130 asap.

Can u tell me the procedure for getting GC. I am currently in same situation as u were.

[rambobu]

file 130 asap

[brianjonk]

i was pending under eb3, spouse was an LPR. Filed 130 and waited for dates to become current. In the meanwhile spouse became USC and I interfiled my eb3 485 to the 130. Hired MLF to do the honours and got my green card. Took 8 months from the date she became a USC. Key is to have spouse apply for 130 asap.

 

Hello.  Would you be so kind as to tell me what your timeline looks like?  I have had an employment based 485 filing submitted since back in 2005.  I recently filed a family based I-130 in April.  I was wondering approximately how long it takes for the 130 to get approved, and subsequently, how long the rest of the process takes.  I would appreciate it if you could give me some approximate dates on your 130 approval, as well as how long the steps following it took.

 

Thank you for your help!