Nazym Z
Oct 11, 2025
CAN I FILE I485 IF I130 IS STILL PENDING?
I filled I130 for my father in August 2024. Yesterday I got biometrics notice. His I130 is still pending. My dad is currently in USA on tourist visa, expiring in January 2026. Can I file I485 now so he doesn’t have to leave the country or should I file after I130 approval?
IR-5
U.S. citizen filing for a parent
Total Days: 427 days
Case
2024-08-21
Today
I-130
427 Days
California Service Center: I-130
Timeline Map
2024-08-21
I-130
Submission to USCIS
2025-10-11
I-130
D+416
Biometrics, i.e. fingerprint and photo
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God BlessedOct 11, 2025
you can file concurrently for your dad as a US Citizen. You should file the i485 asap, especially if your dad is out of status ( his period of legal stay is finished) since they are sending persons who are out of status NTAs if no i485 is submitted.
Za daughter SOct 11, 2025
you can file concurrently
J CuriOct 11, 2025
yes you can file both files together but since you filed separately you can still file for the 485
Kingsley BOct 12, 2025
@Nazym Z You can do an AOS but he could be questioned about staying for the purpose of an AOS. If he came to the US and planned to do it then it is fraud. An immediate relative of a citizen is forgiven for overstays.
Kingsley BOct 12, 2025
@Nazym Z If you don’t do the AOS and he leaves, he might not be allowed back on a visitor because they might think he is planning to do an AOS. If you do the 485, make sure he still had ties to his country so he can prove he did not come here with the intention of leaving. If you do the 485, he will not be able to leave the US without an approved 131 or 485.
Brianna Flan2d
file both..I did for my dad who is out of status.
