IS i130 with i485 filing (concurrent) for spouce under f2a???

[jhp 10]

I HAVE A QUESTION.........

HERE WE TRY TO PREDICT FUTURE VB MOVEMENT....I WANT TO KNOW THE PERSONS WHO FILED I485 ALONG WITH I130(CONCURRENT) WILL HE QUALIFY IN F2A?????

THE PURPOSE OF MY QUESTION IS THAT I HAVE NOTICED A STRANGE THING...WHEN THE VB SURGED IN LATER HALF OF 2010...PEOPLE HAVE NOT FILED CONCURRENT I485..INSPITE THEY FILED DIRECTLY TO I130 BELIEVING THAT IT WILL MOVE FASTER...NOW IF CONCURRENT FILIG IS ALSO UNDER F2A...I THINK THERE IS VERY LESS CONCURRENT FILING IN 2010 AS I GAVE THE REASON....AND SO VB WILL PICK UP IT SPEED...

PLZ REPLY BCAZ IT VL SOLVE MANY DIFFERENCES IN PREDICTION FOR FUTURE VB MOVEMENT ....

thanks in advance.....

[aleful 1,905]

I HAVE A QUESTION.........

HERE WE TRY TO PREDICT FUTURE VB MOVEMENT....I WANT TO KNOW THE PERSONS WHO FILED I485 ALONG WITH I130(CONCURRENT) WILL HE QUALIFY IN F2A?????

THE PURPOSE OF MY QUESTION IS THAT I HAVE NOTICED A STRANGE THING...WHEN THE VB SURGED IN LATER HALF OF 2010...PEOPLE HAVE NOT FILED CONCURRENT I485..INSPITE THEY FILED DIRECTLY TO I130 BELIEVING THAT IT WILL MOVE FASTER...NOW IF CONCURRENT FILIG IS ALSO UNDER F2A...I THINK THERE IS VERY LESS CONCURRENT FILING IN 2010 AS I GAVE THE REASON....AND SO VB WILL PICK UP IT SPEED...

PLZ REPLY BCAZ IT VL SOLVE MANY DIFFERENCES IN PREDICTION FOR FUTURE VB MOVEMENT ....

thanks in advance.....

no, spouses of LPR do not qualify to adjust in country, they go through consular processing in their country of origin, so they cannot file concurrently.

the i485 only is to adjust status in the US, not for consular processing. the forms used are different, so it is correct only to file the 1130, once approved, it will be sent to the NVC and then there is a waiting time, depending on the visa bulletin.

spouses of LPR aren't considered immediate relatives to qualify to file concurrently, since they cannot adjust status in the US.

[jhp 10]

no, spouses of LPR do not qualify to adjust in country, they go through consular processing in their country of origin, so they cannot file concurrently.

the i485 only is to adjust status in the US, not for consular processing. the forms used are different, so it is correct only to file the 1130, once approved, it will be sent to the NVC and then there is a waiting time, depending on the visa bulletin.

spouses of LPR aren't considered immediate relatives to qualify to file concurrently, since they cannot adjust status in the US.

r u sure??? bcaz the person in this forum named miraya has file i130 and when her petition in f2a will be current she can adjust the case through filing i485....

[Harpa Timsah 13,258]

If the immigrant's priority date is current and they are already in the US and they have not overstayed whatever visa they have, then they can file I-485 to get GC from within the US. It does not speed up anything or change the priority date of the I-130 at all. It has no effect on priority dates.

[aleful 1,905]

r u sure??? bcaz the person in this forum named miraya has file i130 and when her petition in f2a will be current she can adjust the case through filing i485....

ditto, I forgot, if the spouse entered on some sort of visa, such as a student visa or work visa, and they are still legally in the US under the visa, they can file the i485 AOS packet when the priority date becomes current.

but they file only the i130, not concurrently, because there might be a 2 to 3 years of waiting depending on how the visa bulletin goes and all that time the person has to maintain legal status in the country.

to file concurrently, the spouse has to be an inmmediate relative, such as a spouse of a USC who entered legally to the country.

[jhp 10]

ditto, I forgot, if the spouse entered on some sort of visa, such as a student visa or work visa, and they are still legally in the US under the visa, they can file the i485 AOS packet when the priority date becomes current.

but they file only the i130, not concurrently, because there might be a 2 to 3 years of waiting depending on how the visa bulletin goes and all that time the person has to maintain legal status in the country.

to file concurrently, the spouse has to be an inmmediate relative, such as a spouse of a USC who entered legally to the country.

Now got ur point....thanks to all the persons who replied....