I filed my I-360 VAWA with my I-485. My I-485 form is still pending. How long will form I-485 take to be approved? Greencard...?

Asked over 1 year ago - Brooklyn, NY

I filed my I-130 form with my wife, which was approved and the priority date was July 16, 2013. will USCIS use this date as my priority date? Would it be better to apply for a work permit or wait for my application approval?

Attorney answers (3)

  1. Asma Warsi

    Contributor Level 12


    Lawyer agrees

    Answered . As my fellow attorney stated, you cannot file both an I360 through VAWA and an I-130 through your wife at the same time.

    Either you are living with your wife and have a bona fide marriage. Or, your wife is abusive and you chose to leave her.

    Both of those facts cannot be true since they are in direct contradiction of one another.

    The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an... more
  2. Kyndra L. Mulder


    Contributor Level 20


    Lawyers agree

    Answered . Your question is not clear. Why did you file a VAWA with your I-485 if you are still with your wife?
    You are not eligible for an EAD based on an I-130. You must have an I-485 pending. Normally if the government finds that you have established a prima facie case for VAWA you are eligible for an EAD.
    I suggest you consult with an experienced immigration attorney who will need additional information.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . I urge you to clear your apparent confusion with a competent immigration counsel in person as your both above submission clash in a legal sense as self precluding. Do not make any decisions or submissions until you discuss the case with a professional.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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