Sb23 b
Feb 14, 2023
Spouse of permanent resident filing i-130 & i-485 concurrently.
i know that the spouse of a US citizen can file I-130 & i-485 can file concurrently. But can the spouse of a permanent resident(green card holder) also file I-130 & i-485 concurrently? I am not being able to find the answer for this anywhere.
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Adam TFeb 14, 2023
I am a green card holder. My spouse was on F1 visa while we submited I-130, I-485, I-765, I-131 all together since priority data for F2A is current and no waiting time. She recived her GC within 11 months. So, I believe if you are currently in “status” ( valid I-94) then you should have no problem submitting all forms all together. Hope that helps and all the best.
Rocco FortéFeb 14, 2023
They can but will need to stay in status until approval.
Sb23 bFeb 14, 2023
@Adam T thank you so much for this information. can you tell if where you found information stating that LPR spouse can indeed file I-130 & i-485 concurrently? I know about the visa bulletin always showing priority date as current for F2A, but everything says spouse of US citizen. nowhere have I seen spouse of US Citizen and LPR. thank you again!
BAYANO PARKERFeb 14, 2023
Spouse of GC Holder can filed concurrently but you guys need to pay attention with the waiting time and current status of the beneficiary... Overstayed spouse of GC holder has to go back to his/her home country and start the process or hired a lawyer to apply for a waiver. Another option, you can filed for I-130, get that approve and wait until the spouse becomes USC then apply for the I-485. Good luck.
Torio DulasFeb 14, 2023
just like what they’ve said. Spouse of LPR can filed concurrently. You just need to know the qualifications. If you need assurance or proof of what they are saying is true then I will be the proof. My spouse is a LPR and we filed concurrently last year Mar and I got my greencard last month with no interview.
Torio DulasFeb 14, 2023
https://www.boundless.com/immigration-resources/b-1-b-2-visa-to-green-card/. here’s the link so you can understand well
Sandra KFeb 14, 2023
I am a green card holder myself and my husband was on F1 status. we filed concurrently I130, I765, I485.
my husband’s case was different and even complicated as people wanted to make us believe. He graduated from college, and couldn’t go for his bachelor because of financial hardship. He worked in a restaurant while going to school. we talked to 2 lawyers who said that my husband need to go back to Africa before he can adjust his status. We were stress and scared because those lawyers said that since my husband was working without authorization, and not going to school, for his bachelor, we needed to file a waiver. We found another lawyer who handle the case and file it without a waiver. we submitted every evidences we had.. By the grace of God everything was approved and without interviews. My husband received a 10 year green last week. every case is different. But I do know that LPR spouse can file concurrently.
BAYANO PARKERFeb 14, 2023
@Sandra it would be very helpful if you can provide her/her the name of that 2nd lawyer who helped your husband.
Adam TFeb 14, 2023
@Sb23 b
I am not sure if I understand your question: (F2A) Spouses and Children of Permanent Residents: 77% of the overall second
preference limitation, of which 75% are exempt from the per-country limit.
It is showing a "C" current for that category, which is F2A. Then if you were to open (https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin) you would see that:
Current Month’s Adjustment of Status Filing Charts
For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023.
Hope that helps!
