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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

    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.
    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

  • #2
    You should file I-485, I-765 and I-131 along with I-864, G-325A and medicals immediately otherwise, you are out of status now after expiry of I-94.

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    • #3
      If have to ask then you can't afford it. Wait until you can.

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      • #4
        i have a question, i brought my son to usa when his I-130 was pending, but we got double nationality so he came with Spain passport, in the airport they gave him three months to stay here but he still here since 2006, after that they approved his I-130 now what I'm trying to do if file the form I-485 but i'm not sure what is his actual status for USCIS?

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        • #5
          You should look for joint sponsor to get the income required. You should be ok.


          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.
          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

          Comment


          • #6
            Take him to the local USCIS office and apply in person.

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            • #7
              bebita, ignore federale86's advice. It's wrong and could get your son put in removal proceedings. He takes fun in other people's problems and like to add to their misery. You have been warned.

              The I-130 approval means they agree he is your son. Nothing more. You need to file the I-485 for AoS but he is out of status so you will probably need to file a waiver too.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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