QUESTION

Can I file I-485 while I-130 is pending?

Asked on Dec 18th, 2019 on Immigration - Arkansas
More details to this question:
I file I-130 on 12/1/2019 for my wife who is on OPT (F-1) and present in the U.S. I am permanent resident. We are from a country other than China and India. USCIS "Final Action Date" for F2A category is C. Can I proceed with filing I-485 for her?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The January visa bulletin allows individuals to use the final action date if it is more advanced than the dates for filing chart. Although you mentioned China and India, the F-2A final action date category for all countries is current. You can proceed with filing the I-485 application at this time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 16th, 2020 at 8:15 PM

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