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How long do I have to file I-485 after getting I-130 approved?

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  • How long do I have to file I-485 after getting I-130 approved?

    Hello,

    I'm a U.S. Citizen (born here) and am trying to get my parents green card.
    I have already filed for I-130 and that got just approved.
    Do I have to file I-485 by a certain time? Is there a time limit? Or can I file it in like 5 years if I wanted to?

    Also, as a green card holder, how long are you required to stay in the US a year? I've heard 6 months, but isn't really required, just recommended?

    Thanks for all your help!

    -Jenny

  • #2
    Originally posted by exnthecity View Post
    Hello,

    I'm a U.S. Citizen (born here) and am trying to get my parents green card.
    I have already filed for I-130 and that got just approved.
    Do I have to file I-485 by a certain time? Is there a time limit? Or can I file it in like 5 years if I wanted to?

    Also, as a green card holder, how long are you required to stay in the US a year? I've heard 6 months, but isn't really required, just recommended?

    Thanks for all your help!

    -Jenny
    You could file it any time. You could have filed it before the I-130 was approved, or even at the same time as filing the I-130, so there was no benefit of filing the I-130 without also filing the I-485. I don't know why you did that, instead of just waiting until they wanted to file I-485 to file the I-130.

    To keep the petition alive you need to contact them once a year.

    A US permanent resident must maintain residence in the US. That is not determined only by "how long you stay in the US a year". It is based on consideration of many factors.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You could file it any time. You could have filed it before the I-130 was approved, or even at the same time as filing the I-130, so there was no benefit of filing the I-130 without also filing the I-485. I don't know why you did that, instead of just waiting until they wanted to file I-485 to file the I-130.

      To keep the petition alive you need to contact them once a year.

      A US permanent resident must maintain residence in the US. That is not determined only by "how long you stay in the US a year". It is based on consideration of many factors.

      Thank you Newacct.
      I thought you could only file both at the same time if they're currently residing in the US. They're currently not living in the states but plan on moving here when they get a green card.

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      • #4
        Originally posted by exnthecity View Post
        Thank you Newacct.
        I thought you could only file both at the same time if they're currently residing in the US. They're currently not living in the states but plan on moving here when they get a green card.
        Oh, but then I think you are confused about the process. I-485 is the form to apply for Adjustment of Status, which is the process of getting permanent residency for someone in the US. The process for getting permanent residency for someone abroad is Consular Processing, and I-485 is not involved in that at all.

        This is my personal opinion and is not to be construed as legal advice.

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