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Can I already submit my I-485?

Fairfax, VA |

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?

Attorney Answers 4

  1. 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

    The information provided in this answer is designed to provide useful information and background materials about I.S. LAW FIRM, PLLC. The information provided is not intended to and does not constitute legal advice, and does not create an attorney-client relationship between you and I.S. LAW FIRM, PLLC. Any communication, including electronic mail, through this website may not be confidential or privileged. For legal advice, you should consult with an attorney familiar with your circumstances and seek the advice of counsel in the appropriate jurisdiction. The hiring of an attorney is an important decision and should not be based upon written descriptions of I.S. LAW FIRM, PLLC’s experience. Every case is different and similar results may not be obtained in your case. I.S. LAW FIRM, PLLC does not endorse or sponsor any links from this website to other websites and has not reviewed and does not accept responsibility for their contents.

  2. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  3. 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 interested to speak with me directly, please contact me at 604-671-7600.

  4. 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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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