Can I already submit my I-485?

Asked over 1 year ago - Fairfax, VA

Hello,
I have been married to a Greencard holder since March 2013 who will apply for citizenship in May '14. My F-1 visa is expiring in August. We have filed the I-130 form and the I-485 but they rejected the I-485 because my priority date has not been established. Can I send my I-485 once I receive the I-797 for the 130?
Will I have to leave the country in the meantime and file through my consulate or can I stay in the US until everything has been approved?
Thanks!

Attorney answers (4)

  1. Ismail T. Shahtakhtinski

    Contributor Level 12

    5

    Lawyers agree

    Answered . You cannot file I-485 until your priority date if current. Whether you will have to leave the country to obtain a green-card when your priority date is current depends on whether you will be in status then or not. If you have to leave the country to go through the consulate, then you will not have to file I-485. You need to consult with an attorney individually.

    Ismail T. Shahtakhtinski, Esq.
    Attorney & Counselor at Law
    I.S. Law Firm, PLLC
    1199 N Fairfax St., Ste 702
    Alexandria, VA 22314
    Tel: (703) 527-1779
    Fax: (703) 778-0369
    ismail@islawfirm.com
    www.islawfirm.com

    The information provided in this answer is designed to provide useful information and background materials about I.... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Had you talked to an immigration attorney prior to acting, you would have known that you cannot file I485 until several years from now or your spouse becomes a citizen or the reform kicks in, whichever comes first.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . I-485s can only be filed when there is a visa immediately available. i.e. the priority date is current or you are the spouse, minor child, or parent of a US citizen.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Douglas Aaron Cowgill

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Unfortunately, you cannot file an I-485 in that situation since it is not an immediate petitioning category

    This message is intended as general information and does not create an attorney-client relationship. If you are... more

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