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I-130 approved.. How long can I wait before I can apply for I-485

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I-130 approved.. How long can I wait before I can apply for I-485

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Old Feb 20th 2010, 11:19 am
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Default I-130 approved.. How long can I wait before I can apply for I-485

Hello everyone,
I recently got married with a USC and we applied for I130. We have received the approval a couple of days ago. Now there is adjustment to perm. resident application I-485 in the pipeline. BTW I'm in the States so no consular processing required. I'd like to wait a little bit before I apply for 485 because our finances are started improving lately and I'd like to have a better snapshot of finances when I apply because of affidavit of support etc.

In the I130 approval, it says the next step is applying for 485 but it doesn't mention any reference to timing of it. My question is how long can I wait before I apply for 485 after having an approved I-130. When I appliefd for I130 I had a valid I94 at the time. In the meantime it expired. I don't know what my immigration status is right now.

Thank you
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Old Feb 20th 2010, 11:21 am
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Originally Posted by trtiger7
Hello everyone,
I recently got married with a USC and we applied for I130. We have received the approval a couple of days ago. Now there is adjustment to perm. resident application I-485 in the pipeline. BTW I'm in the States so no consular processing required. I'd like to wait a little bit before I apply for 485 because our finances are started improving lately and I'd like to have a better snapshot of finances when I apply because of affidavit of support etc.

In the I130 approval, it says the next step is applying for 485 but it doesn't mention any reference to timing of it. My question is how long can I wait before I apply for 485 after having an approved I-130. When I appliefd for I130 I had a valid I94 at the time. In the meantime it expired. I don't know what my immigration status is right now.

Thank you
Eeasy -- you can file it at any after you FILE the I-130. I will leave the conclusion for an exercise for the student.

Further thought -- how did you, per chance, ENTER the US?
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Old Feb 20th 2010, 11:28 am
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Thanks for the reply. That's really a long story but my last I94 was for OPT from grad school. You say I can apply anytime, what is my status in the meantime then ?

Originally Posted by S Folinsky
Eeasy -- you can file it at any after you FILE the I-130. I will leave the conclusion for an exercise for the student.

Further thought -- how did you, per chance, ENTER the US?
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Old Feb 20th 2010, 11:33 am
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Originally Posted by trtiger7
You say I can apply anytime, what is my status in the meantime then ?
Until you file the I-485, you have no status. If your passport is stamped "D/S" (from your F-1), then you should be okay. Still... I suggest you file the I-485 sooner rather than later.

Ian
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Old Feb 20th 2010, 1:04 pm
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Originally Posted by trtiger7
I recently got married with a USC and we applied for I130.
Just curious, why didn't you just file the whole AOS package to begin with? It would have been so much easier that way.

Rene
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Old Feb 20th 2010, 1:11 pm
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Originally Posted by trtiger7
In the I130 approval, it says the next step is applying for 485 but it doesn't mention any reference to timing of it. My question is how long can I wait before I apply for 485 after having an approved I-130. When I appliefd for I130 I had a valid I94 at the time. In the meantime it expired. I don't know what my immigration status is right now.
An approved I-130 doesn't give you any status in the US.
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Old Feb 20th 2010, 1:33 pm
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Rene, Ian thanks for the information. Yes I have an I-94 with D/S expiration. Rene at the time of application I didn't want to get involved with the financial stuff. With the benefit of hindsight that may not be the best decision I've made.
What I am wondering is, can I still apply for AOS under these circumstances.
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Old Feb 20th 2010, 2:08 pm
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Default Re: I-130 approved.. How long can I wait before I can apply for I-485

Originally Posted by trtiger7
Rene, Ian thanks for the information. Yes I have an I-94 with D/S expiration. Rene at the time of application I didn't want to get involved with the financial stuff. With the benefit of hindsight that may not be the best decision I've made.
What I am wondering is, can I still apply for AOS under these circumstances.
I'm just a layman, but I don't see why not, you have an approved I-130 all ready to submit with the AOS package.

Rene
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