Filing for I-485 with a pending I-130 in F2A category

[LovesUSCIS]

I am a LPR and filed an I-130 for my wife in the F2A category last week. She is currently in the US on a legal non-immigrant visa. If the F2A category becomes current in the coming months, can we file for I-485 while the I-130 is still pending? Several immigration websites mention that it can be done but I could not find a definitive USCIS document with such a directive. Please advice.

[pontevecchio]

Yes.

[am401202]

@ LovesUSCIS: I am also in the same boat as you are, and after some research I found that we can apply but I could not find a definitive USCIS document with such a directive. So can't really advice you on this.

 

Here is my side:

Currently I am on H-1B amd my wife who is LPR applied I-130 for me in Dec 2011 and since last 20 days my Case status is showing up as:

"At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information."

 

And I just checked Visa Bulletin for Aug 2013 and it's current for F2A category. Now I am really confused whether to file for Adjustment of Status or wait for i-130 approval? And also how long this PD will be valid. I see that is is Current for Aug 2013. So if I think to apply for AOS even if my i-130 is pending, then Can I apply like Aug 25th or so. Or is it like FCFS. But my big concern is "Can I apply for AOS when my i-130 status is not showing up".

[pontevecchio]

Apply for AOS next month.

[crazeekru]

Same thing here. I-130 is pending. PD is current for Aug 2013. Didn't file concurrent I-485 and have no idea what to do.

[rupaln]

Has anyone considered refiling I-130 and I485 as a new concurrent filing, if so do you have cancel the original I130 filing?

[pontevecchio]

Apply for AOS next month. YOU DO NOT HAVE TO REFILE THE I-130. Better yet let a law firm do it for you.

[crazeekru]

Thanks for your response so far.

 

I have a quick question about form I-864, My wife (she holds GC since 2010 but had reentry permit and was out of US) came to united states in Dec 12 and she started working in Jun 13.

I have been in US on H1B with I130 filled. I have a job since past 3 years. Do I need sponsorship from my wife? If not which evidence do I need to do show that I do not need sponsorship?

 

Thanks a lot for your help so far.

[pontevecchio]

Check out I-864A. You can use your Income to show it is above the poverty level.