QUESTION
I already filed form I-130 online and currently in "processing" status. Will it be okay to submit form I-485 in mail now(spouse in US with F1 Visa)?
Asked on Mar 27th, 2020 on Immigration - California
More details to this question:
I have submitted online and received notification of receipt 3/6/2020 for the Form I-130 (for my spouse), and now I wish to file form I-485 (for my spouse). However, I see that form I-485 is not available to file online. I understand that we can file the form I-130 and form I-485 concurrently (my immigrant spouse is lawfully in the United States as a student with a F1 VISA expiring potentially in about three months), but since I already filed form I-130 online and currently in "processing" status, will it be okay to submit form I-485 with its other relevant forms and paperwork in the mail right now? Or is it too late for me to file the two forms (I-130 and I-485) concurrently?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As long as you have the receipt of filing the I-130 petition, you should be able to file the I-485 package to the U.S.C.I.S. In your case, you should enclose a copy of the I-797 receipt of the I-130 filing, put together a complete I-485 package, and send it to the U.S.C.I.S. service center with the filing fee only for the I-485. 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 Apr 26th, 2020 at 12:04 PM