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

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

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.

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Attorney answers 6


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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.



Thanks for your response. 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.


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) 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.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



Thanks for your response. Yes, 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.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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 Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


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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