Hi. I have filed I-130 for my spouse in December 2011 which is not approved yet. I am just one month away from the priority date (So in happy case it will be current next month). So what happens if the priority dates are current and I-130 is NOT approved from USCIS. My questions are:
1.) Can I still file for I-485 in this case ?
2.) Why is UCSIS taking so much time in approval ?
You can file an I-485 if you are in legal status. USCIS may be investigating the bona fides of your marriage.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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If you are a US Citizen, and if your husband was admitted or paroled into the United States, and if the I-130 is approved, then your husband might be eligible to submit the I-485.
If you are a Permanent Resident, and if your husband is in the United States without authorization, then he likely will not be eligible to submit the I-485.
I suggest you consult with an immigration attorney to have the best chance of success.
1. Not if you are an LPR and not a citizen, and the priority date is not yet current.
2. I-130s filed by LPRs, as opposed to USCs do not carry the same priority in the eyes of USCIS, given that there will not be an immigration t visa number that will be available for at least a year anyway..
You cannot file an I485 until the I130 is approved. That should have happened 5-7 months after it was filed. YOu are approaching two years, possibly more. If that were my petition, I'd have already hired a lawyer to figure this out. There's no way to tell you why yours is delayed without representing you to find out. There are many possible explanations.
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