F2A spouse petition, To apply I-485

[bunsoy 0]

good hopes to everyone!

im here in the Us right now, my I-94 expires on Dec 2012

im planning to apply for I-485 but my PD is not current.

me( applicant) and my wife (lpr) went to uscis via infopass to inquire if i can apply I-485 a week ago and it turned out positive since uscis told us that i am legible to apply I-485..

but still i have anxiety bec my PD isnt current.

is there somebody there that have the same case/ status as mine...

PD Nov 12,2010

I-797C received Nov15, 2010

I-797 notice of approval April 2011

Affidavit of support and ds230- mailed with all supporting docs.

Processing/ Immigrant visa fee done December 2011

... all these were done via consular processing since i was abroad. and i wanted to apply I-485 now since im here in the US..

[NigeriaorBust 4,087]

The current priority date for F2a is May 2010 so you are not elible for a visa now. You won't be able to adjust in the US unless a number is available to you. I doubt that it will be available by December but maybe if you are lucky. If you happen to be in the US when your date is current you can apply and be approved. Otherwise you can submit the papers and be denied.

[bunsoy 0]

The current priority date for F2a is May 2010 so you are not elible for a visa now. You won't be able to adjust in the US unless a number is available to you. I doubt that it will be available by December but maybe if you are lucky. If you happen to be in the US when your date is current you can apply and be approved. Otherwise you can submit the papers and be denied.

if you apply for AoS does it always mean your priority date is current. is there someone there that applied for AoS even PD is not current? and how come the uscis told us that i am legible to apply?

[Hypnos 6,576]

If a visa number is not immediately available to you (i.e. you are not filing as an immediate relative of a USC) then your priority date for an approved I-130 must be current before you can file an I-485 based upon it.

If you try before your priority date is current then your application will be rejected.

Edited August 19, 2012 by Hypnos

[JimVaPhuong 4,863]

if you apply for AoS does it always mean your priority date is current. is there someone there that applied for AoS even PD is not current? and how come the uscis told us that i am legible to apply?

The people who work the counter for InfoPass appointments are usually not immigration officers, and they are frequently wrong. The law is pretty clear about this. In order to adjust status there must be a visa number immediately available for you. There won't be a visa number available for you until your priority date is current.

[NigeriaorBust 4,087]

if you apply for AoS does it always mean your priority date is current. is there someone there that applied for AoS even PD is not current? and how come the uscis told us that i am legible to apply?

You can apply and they will gladly take your money and deny you.

[bunsoy 0]

i just hope before my I94 expires my PD is current... any predictions for discussions sake...