Can I apply for I-485 when I-130 is Current but not approved yet?

[neerajaraghav]

My Priority Date for I-130 (applied by sibling who is a Citizen of US) is current but is not yet approved. 

 

-> Can I-485 be applied for me now? If so, in the application form for I-485, what option should I check for the "Part 2. Application Type"?

 

-> When my sibling applied for I-130, my legal last name was different than it is now. How do I go about the change of name?

 

-> How should I add my dependents (Spouse and kid) to the application?

 

-> And lastly, where will the sponsor's (in this case, my sibling's) name be mentioned in the application for I-485? 

 

Any responses are appreciated....

 

Thanks in advance!

[pontevecchio]

What is your status now? Where are you living?

[JoeF]

Hmm, that doesn't sound right.

With the PD 12 years back for Family category 4, siblings of US citizens, it would mean that the I-130 wasn't processed in 12 years. That's rather unlikely.

I suggest you have things checked by a good immigration lawyer.

[neerajaraghav]

Hi there, Thanks for your reply!

I am on L visa and my change of status to H visa is in process. I live in United States.

[pontevecchio]

When did he SPONSOR YOU?

[neerajaraghav]

Hi JoeF, my PD for I-130 is July 2010. And the current dates for I-130 processing times is shown as August 2010. So it has been 4 years but not 12 years since my I-130 is applied. I am confused how you got to the 12 years timeline. Am I missing something?

[neerajaraghav]

Hmm, that doesn't sound right.

With the PD 12 years back for Family category 4, siblings of US citizens, it would mean that the I-130 wasn't processed in 12 years. That's rather unlikely.

I suggest you have things checked by a good immigration lawyer.

Okay, I am new to the immigration terminology and I might have posted it incorrectly. My PD is July 2010 on I-130 and the current processing times for I-130 for the service center that I applied shows as October 4, 2010. Wouldn't that mean that my I-130 is current? But my I-130 is not approved yet. Should I wait for my I-130 to be approved now? Or can I apply for I-485? Please suggest...

[neerajaraghav]

When did he SPONSOR YOU?

In July 2010. Just to update on the case, I called up USCIS and they noted this case as out of processing times so they sent a query to the service center, I will have to wait for their reply.

[pontevecchio]

The current PD in the November 2014 "VISA BULLETIN" shows January,2002. Hence an average of 12 years wait. Only when the PD in the Visa Bulletin goes beyond July,2010 will you be able to become a PR. Keep an eye on the Visa Bulletin.

[JoeF]

An I-485 can ONLY be filed when the PD is current as per the monthly Visa Bulletin.

Processing times for the I-130, which is what you are apparently looking at, has nothing to do with the PD.

[neerajaraghav]

Thank you Pontevecchio and JoeF. This information helps!