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Sabrina Aguiar
Jun 23, 2022
F1 - Family based (US citizen filling for unmarried daughter over 21) I-130
Hello! Does anyone can help me with some info? My priority date is 06/12/2017 Case was approved in June 2021 My questions are: When can I fill I-485? When do I know is the right time to fill I-485? Can i fill it now? I have a B1/B2 visa and will expire in oct 27th. Do I have to leave the country even if I’m able to fill the I-485? Im so lost. One lawyer told me that I have to wait until a non-immigrant visa becomes available so I can fill the I-485. The other one told me that I can fill the I-485 even if I don’t have an available visa and stay here illegal until I get my green card. I really don’t know what to do… I’d really appreciate if someone can give me a clear answer. Thank you!
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WGCN DDNEJun 24, 2022
yes you can
p
pem pemJun 24, 2022
once the I 130 is approve you can go ahead and file the I 485 as a matter of fact you are a us citizen so could of filed both forms same time, they call it concurrent filing.
A
Adam TJun 24, 2022
The priority date for F1 is July 1, 2016 (filling date) if you are in the US and Dec 1, 2014 ( action date) if you are not in the US. Just the different between filling and action that for filling you would be allow to submit I-485, I-765, and I-131 ( if you are currently in the US and your priority date is current) So, you cannot submit I-485 just yet as your priority date is June 12, 2017. Hope this helps!
Sabrina AguiarJun 24, 2022
Thank you guys, but it wasn’t clear enough. Adam T, im in the US right now and my visa will expire on October 27th. So will I have to wait so the filling date becomes available and do the I-485? Pem Pem how can I file I-485 if the visa is not available yet? Will i have to stay here illegal?
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Adam TJun 24, 2022
@Sabrina If you were to wait until your priority date arrives then you would not be in status anymore ( unless the monthly visa bulletin moves prettty quick to June 12, 2017 ) and I do not believe that you can adjust your status without having legel status. I am not a lawyer but this what I believe.
Sabrina AguiarJun 24, 2022
Thank you so much Adam T ☺️
Chams FassassiJul 3, 2022
hello hi how are you I'm sorry for the disturbing but just now I'm frustrated by the backlog off immigration and I'm scheduled on these applications and see your are submitted at the Same case by me I'm filled f1 my priority dates is 02/05/2018 sinc but nothing moves by now I'm outside of USA but my father live in USA thank I need some information or advice please a will be grateful and really appreciate thanks you in really really fed up

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