QUESTION
Does the form I-485 needs to be filed along with the I-130 or do they need to wait for the I-130 to be received first and then send the I-485?
Asked on Jul 11th, 2014 on Immigration - Texas
More details to this question:
My uncle is filing an I-130 for her sister. He is a US citizen and her sister is currently in US. She came with a visa but overstayed.
3 ANSWERS
YOu cannot file the I-485 if the priority date is not current and the priority date for a sibling of a US citizen petition will not be current for about 10-12 years.
Answered on Jul 16th, 2014 at 8:33 AM
Immigration Attorney serving Arlington, TX
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Your father can petition for his sister, but she cannot apply for adjustment on form I-485 until her priority date becomes current, which can take at least 12 years if she is still present in the US.
Answered on Jul 15th, 2014 at 8:17 AM
Bruce A. Coane
Under the scenario you present, the only form that would properly be filed is the I-130 visa petition, with supporting documents.
Answered on Jul 14th, 2014 at 10:56 AM