Lawbench will load in a few seconds

Continue to Lawbench


Hello I am Lawful Permanent Resident, in the process of filing I-130 and I-485 for my spouse in F2A Category (she already has pending AOS in EB2 Category) but due to recent PD retrogression we are choosing F2A. Here are our questions Background Situation: I (Petitioner) already filed an I-130 for my spouse few days back , I put the option of Beneficiary is in US and applying AOS through USCIS (via local field office for Interview) Question 1) There is some ambiguity still if we can file I-485 for my spouse (her last status was H4 when she entered US and while we filed I-485 AOS in EB2 for her). Since dates are Current in F2A, I am planning to file I-485 based on her pending I-130 Receipt Number Question 2) If I-485 gets denied , stating there is no valid legal status to file I-485 from US (spouse doesn't have her own NonImmigrant Status), then filing a new I-485 via National Visa Center (NVC) for Consular Processing is the only option available for us right ? Question 3) Is I-130 specific to filing I-485 with USCIS vs NVC. Meaning if things change can we use same 130 for NVC instead of USCIS or I-130 is specific to where you want to get adjusted and we need a new I-130 ?

User's Location: Plano, Alabama, United States of America

Category: Family-based Green Card