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 Attorney serving Phoenix, AZ
3 Awards
It is always faster filing for a spouse as a U.S. citizen so I will ask how long have you had your Green Card? Are you almost at the point where you could file for Citizenship? Generally an I-130 needs to be approved first and your priority date needs to be current before I-485 can be adjudicated - I recommend you seek assistance from a licensed attorney in order to prevent delays.
Answered on May 13th, 2025 at 5:25 AM

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