I am US citizen married to Ukrainian immigrant in May 2006. She is
currently in US . As soon as we got married I have filed I-130 on her
behalf and sent it to Vermount Immigration Service Center. Unknown to
me , the immigration procedures had changed since I have obtained my
green card in 1997. I have found out two days ago that I should have
filed I-485 in conjunction with I-130 and should have mailed both of
them under the same
cover for the processing. Instructions on I-485 clearly state that it
should be filed with accompanying orginal I-130 or notice of approval
of I-130 if I-130 was submitted prior filling of I-485. I do not want
to wait until approval for I-130 comes in , which is due at the end of
November 2006. The question is this : is it possible for us to file
I-485 right now , even though I-130 already went out of the door ? Maybe
I can attach Reciept Notice that I have got for I-130 to I-485 and
file I-485 ? or is my only option right now is to wait for I-130 to
come back approved ? I
would prefer not to wait , as my wife's legal status more or less
expires on August 10th 2006 (Before we got married she filed an
application to extend her non-immigrant status I-539,from J-1 to B-2.
Because we got married we had abandoned that application , and the
latest correspondence from immigration marks our application as such
unless they recieve supporting documentation by August 10th 2006) |