CAN I FILE MY I-485 APPLICATION BEFORE MY I-130 PETITION IS APPROVED?

Question: I am in the US with F-1 status. My husband is a Permanent Resident, and he filed an I-130 petition for me last year. My priority date is available now. Can I file an I-485 before my I-130 is still pending?

You may submit the I-485 Application for Adjustment of Status even if the I-130 Immigrant Petition is still pending, provided you meet all other eligibility criteria. This includes confirming that the priority date for the petition aligns with the DOS Visa Bulletin.

You can only file an I-485 based on the “Dates for Filing” chart during months when USCIS has authorized its use. USCIS typically issues a statement a few days to a week after the DOS Visa Bulletin is released, indicating whether the “Dates for Filing” chart can be utilized for early filing of I-485 applications that month. Keep in mind that for some months, USCIS may only accept I-485 applications if the priority date is current on the “Final Action Dates” chart of the Visa Bulletin.

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