QUESTION

My USC Wife applied for I-130.have received I-797c Notice of action (PAYMENT RECEIEVD) . Can I apply for I-485 with that Pending application notice?

Asked on Oct 11th, 2018 on Immigration - Florida
More details to this question:
can I apply for green card with pending receipt of I-130? or I have to wait till I I-140 get approved as I did not file concurrently
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Although you did not file concurrently the I-485 adjustment of status application with your I-130 petition for alien relative, U.S.C.I.S. does not require you to wait until approval or pay twice for the I-130. You can place a copy of the I-130 receipt with the I-485 application now and U.S.C.I.S. should locate the I-130 and consolidate it with the I-485 for your interview. If you wish, you and your wife can also give U.S.C.I.S. another set of I-130 forms to make it easier for U.S.C.I.S. in the event that the original l-130 is misplaced and not in the file on the interview date. In that event, you should mark clearly that it is only a second set for information purposes only. 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 Nov 08th, 2018 at 6:52 PM

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