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shan clarke
Aug 23, 2022
I485
Hello everyone, if a US citizen file for his son/daughter over the age 21 can they file for a i485 whiles a I130 is pending ?
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magi AAug 23, 2022
yes and actually you can file all the forms needed in one package and send them out together
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shan clarkeAug 23, 2022
my lawyer told me no I can’t
magi AAug 23, 2022
that’s wired Lots of people sending them all together read the instructions on USCIS for I-130 and I-485
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shan clarkeAug 23, 2022
I did read the instructions and I knw a few people who did it also but I jus wanted to make sure from the lawyer
magi AAug 23, 2022
good luck with that
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d dAug 23, 2022
my lawyer told me the same thing. i think because they like to do it step by step. idk
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shan clarkeAug 23, 2022
did u still went and file the i485
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d dAug 23, 2022
no I didn’t file it. my lawyer is doing everything for me, that’s why I couldn’t.
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Adam TAug 23, 2022
The basic answer is no. It is all about the priority date. So, I am assuming that you have son/daughter that over 21 who are not currently married ( F1 catogry). The current priority date ( the date that immigrant visa become available i.e allowed to submit I-485 if you are currently in the US) is Aug 8, 2016 and is Dec 1, 2014 if you are currently outside of the US. So, when did you submit your son/daughter I-130?
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shan clarkeAug 23, 2022
F1B march 20, 2020
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C CAug 23, 2022
it depends on whether or not the child is in the US. if they are you can filing both at the same time if they are not the I-130 has to file first following the I-485. this is because the I-485 is an adjustment of status petition and if they are not in the US they have no status to adjust.
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shan clarkeAug 23, 2022
they in the United States
magi AAug 24, 2022
if you read in the USCIS instructions you will se how can file those forms together any immediate relatives can do that immediate means “ spouse daughter son.....” if they are in USA

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