tourist visa, in US, hubby filing i130, is i495 gonna help?

[booey]

details: http://immigrate2us.net/forum/showthread.php?p=267196#post267196

hubby: 17yo, US immigrant
wifey:21yo, non US citizen. 10yearmultiple entry US visa expiring 2010 but just used this 2008
married: July 14 2008
arrived in the US:march 2008

My husband is on the process of filing an i130 for me, and hopefully would have things filed this coming week.

I stumbled upon another form (while browsing) called the i485 which says that a non-permanent resident that's already within the US can file to have his/her status adjusted to that of a permanent resident.

I am allowed to stay here (according to the stamp on the passport) until september. If i go back home, some of the members here say that i have weak chances of getting back here to visit my hubby and his family even if my tourist visa is still valid, because i am already being petitioned thru an i130.

Question: can i file for an i485 WHILE my i130 is still pending? and if i can, does that mean i can stay here even after the allowed date on my passport? how long usually does it take before an i485 gets approved? does it have to be approved BEFORE the date on my I-94 (september)?


hoping for more assistance.... i would really wanna take all steps that could lead to me and my husband not having to be separated..

[douginguam]

booey,
this is off the USCIS site. I-485 is filed concurrently with I-130.

How Do I Become a Lawful Permanent Resident While In The United States?

Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant status based on employment, please see How Do I Apply for Immigrant Status Based on Employment?. In addition, please see our index of Infolinks that will provide information on bringing relatives to live in the United States. For more information on visa numbers, please see the How Do I Get an Immigrant Visa Number?.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information.

(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)

How Do I Apply?
To find out how you can apply to become a lawful permanent resident of the United States, please click here to see Application Procedures, which will help you identify what you need to do. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications.

Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.

How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.

How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.

Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.