Marriage Based GC

Hey guys,

So me and my fiancé want to get married and adjust status.

I EWI when I was 6 months old and never left the country.. I am 25 now. My mother arrived in US in the early 90s and has never left either. She tried to adjust status in 97. The US citizen guy who she was married to had broke off the marriage in the middle of the adjustment process for her GC so my mother never completed the paperwork. She recently filed for a FOIA request to see if she has an approved 130 which she’s positive she does. My mother says she also put me down in the paperwork when they were filing so I might have an I30 approved too. She never got divorced to this person btw, he just left.

My question is, so what if my mom has an approved 130? I know it can help me adjust here in the US instead of having to leave the country for a visa stamp. But what if I have an approved 130 through my mom and she does too? What then? Should I wait to get married and file my paperwork to adjust through my own marriage?

Spouses of USCs are in the Immediate Relative (IR) category. IR does not allow derivatives so the fact that your mother had an I-130 does not grant you 245(i) eligibility unless a separate I-130 was filed for you.

So basically,

if I’m not married, then can I only benefit?

I don't understand your question.