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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Concurrent Filing of I-130 and I-485 when I-485 Already Filed with I-140 Before

    I have filed I-485 with the support of I-140 employment and it has been in process for many years waiting for a visa number. Recently I married an American citizen. The question is should I file his I-130 along with my new I-485 to speed up the process or should I file his I-130 first then send the receipt to Nebraska asking them to pull my previous I-485 and forward it to Chicago? I am afraid this second method would add a long time to the process although I would save a new filing fee. Is my assessment correct? Thanks.

    I live in NYC.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Concurrent Filing of I-130 and I-485 when I-485 Already Filed with I-140 Before

    You can't use interfiling across categories, to move from employment-based to family-based immigration. Now that you are married to a U.S. citizen you may file the I-130, I-485, I-765, I-131 paperwork based on your marriage.

    You may have both employment-based and family-based green card paperwork pending at the same time without conflict.

    If you have applied for EAD with your employer, it's a good idea to also apply for EAD with your marriage-based application.

  3. #3
    Join Date
    Apr 2009
    Posts
    11

    Default Re: Concurrent Filing of I-130 and I-485 when I-485 Already Filed with I-140 Before

    Exact same thing happened to my hubby and myself. When I married him, he already had a i-140 petition pending on him for the past 3 years (but priority date wasn't current yet, you know how that goes). So, I filed I-130 to "bump it up" a bit, and it worked. However, the funny thing is that when our i-130 was approved (very quickly, of course), the I-140 also was approved shortly there-after and his priority date became current. So, now my husband had the choice of adjusting his status either through SPOUSE or EMPLOYER. He chose EMPLOYER because all the paperwork was already ready. If he had finally adjusted through SPOUSE (me), we would've needed a co-sponsor for financial reasons. To avoid all that, he adjusted through EMPLOYER and now is a proud US Resident. Being that he's been married to a US CItizen (me) for at least 3 years, he also qualifies for Citizenship based on the 3 year rule, instead of the 5 year rule. He is proudly submitting his US Citizenship application at the end of this month! YAY!!!!!!!!!!!!!!!!!!!

    So, yes, you should do the Spousal filing (I-130) if you want to make this go faster. Best wishes.

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