I am currently awaiting a pending I-485 based on EB-5, which is taking too long. I received the AP card, had a short trip out of the U.S. and returned in August this year. The officer stamped an AOS on my passport. Recently, my I-130 for marriage has been approved. Does the 90-day rule apply to my marriage application if I file the I-485 under marriage right now? Can two I-485s be pending at the same time? Would my marriage-based I-485 on the USCIS system affect my EB-5 I-485, or vice versa?
You can have two pending green card petitions running in parallel at the same time. Both petitions will be adjudicated on their own merits. USCIS will require you to use only one petition as the basis for adjustment of status when either the I-130 or I-526 petitions are approved.
File the I-485 on the I-130, however, you have to withdraw the I-485 on the EB-5.
I would not file a second I-485. This is an involved situation. You need advice from an immigration attorney who has evaluated the situation in more depth. A consultation appointment is the appropriate forum for you to get legal advice that you can rely on.
Two I-485s may pend at the same time. At the time of adjudication, you will need to withdraw one of them.
The USCIS has an established procedure for changing the underlying basis of your adjustment application. This needs to be done before the adjustment application is approved.
You can simply file the I-130 and request USCIS to connect it with your pending I-485 for the EB-5. Might save you some time. When CIS approves either one of them, you will become a conditional, lawful permanent resident.
