QUESTION

Can I file my I-485 when my priority date is earlier than the current visa bulletin date while my I130 is still pending?

Asked on Apr 19th, 2025 on Immigration - Texas
More details to this question:
I am a green card holder, and I am currently filing I130 for my spouse under F2A. We plan to submit this month. According to the current priority date, it moves pretty fast. My question is if in next couple of months, the priority is "C", can we file I485? Another scenario is that if our priority date is earlier than the visa bulletin date, can we file I-485 or we have to wait for I130 approval?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As you know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Jun 06th, 2025 at 2:44 PM

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