Need advice on I-130 not approved and priority dates are current.

Asked over 1 year ago - Voorhees, NJ

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 ?

Sachin Takkar

Additional information

I am a permanent resident and received my GC through my parents. My spouse is working on H1B visa.
We both are in the country with a legal status.

Attorney answers (6)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . No. Only when I130 is approved you can file. Time to hire an immigration attorney, don't you think?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. Michael Hugh Carlin

    Contributor Level 18


    Lawyers agree

    Answered . 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.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  4. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 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..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  5. Eric M. Mark


    Contributor Level 20


    Lawyer agrees

    Answered . 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.

  6. Anu Gupta


    Contributor Level 19

    Answered . When priority date becomes current you can file 485.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,067 answers this week

3,170 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,067 answers this week

3,170 attorneys answering