AOS while I-130 pending

[tataocb 2]

Is there a restriction to the type of visa the beneficiary must have while in the US to be eligible to file for an AOS?

By this I mean, as long as they are in legal status, can a beneficiary under any type of visa file, be it a visitor, student, work visa, etc.?

I ask because I remember reading somewhere that for example a beneficiary with a visitor visa can't adjust status because it would mean that he used the visitor visa with an intent to immigrate which is illegal or something like that.

[kutko 1]

Congratulation..!

Wow good congrats kutko. Are you doing AOS or consular processing. Either way may still be good since they are claiming that F2A will remain current up until October.

VSC is sleeping, my PD is 08/2012 and my case has not been touch for almost a year.

thanx guys.

I am doing AOS since my wife is here. Cant wait until she doesnt have to pay out of state tuition anymore. Hope you get yours NOA2 soon.

[happygiverny 0]

I think your lawyer has a point.

Read the USCIS page on Who may file concurrently.

Concurrent filing is allowed in the following instances:

• Immediate relatives of U.S. citizens living in the United States
• Most employment based applicants and their eligible family members when a visa number is immediately available
• Special Immigrant Juveniles
• Self petitioning battered spouse or child if
• The abusive spouse or parent is a U.S. citizen, or
• If an immigrant visa number is immediately available
• Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

The highlighted lines form one sentence, so read them together.

Unfortunately, a lot of people only see the line "If an immigrant visa number is immediately available" and thinks thus F2A is qualified. It's not!

I just talked to my lawyer about this, and she told me I have to wait until i get approval of I-130. Till then , I cannot apply for I-485,,,!!!

[happygiverny 0]

The I-140/485 concurrent filing experience does not apply to I-130/485. Why?

Read the USCIS webpage on concurrent filing carefully:

Concurrent filing is allowed in the following instances:

1. Immediate relatives of U.S. citizens living in the United States

2. Most employment based applicants and their eligible family members when a visa number is immediately available

3. Special Immigrant Juveniles

4. Self petitioning battered spouse or child if

• The abusive spouse or parent is a U.S. citizen, or
• If an immigrant visa number is immediately availablle

5. Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

I-140/485 concurrent filing is allowed per 2.

Can me tell which one in the above five applies to F2A?

IF you look at the employment base category, applicants can file concurrently I-140/485 is a visa is available.

There is no reason why this will be any different from the F2A category.

[bokar83 13]

My interpretation of the law and the interpretation of the lawyers I know all tell me that I can file even if my i-130 is not approved. I am filing in August either way. Now, note that your AOS will NOT be approved UNTIL the i-130 is approved.

Do as you wish my friends. I wish everyone the best of luck in whatever path they choose to follow.

[f2a485 9]

Like bokar83 states, anyone still drowns in this skepticism to file shouldn't, that will mean less applicants in line and maybe our applications will be processed soon:))

[captain4ever 2]

The I-140/485 concurrent filing experience does not apply to I-130/485. Why?

Read the USCIS webpage on concurrent filing carefully:

Concurrent filing is allowed in the following instances:

1. Immediate relatives of U.S. citizens living in the United States

2. Most employment based applicants and their eligible family members when a visa number is immediately available

3. Special Immigrant Juveniles

4. Self petitioning battered spouse or child if

• The abusive spouse or parent is a U.S. citizen, or
• If an immigrant visa number is immediately availablle

5. Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

I-140/485 concurrent filing is allowed per 2.

Can me tell which one in the above five applies to F2A?

The general process of VAWA is

- applying for I-360

- when approval, proceed to AoS.

With approval of the VAWA petition, the self-petitioner receives what is referred to as "Deferred Action" status for 15 months, renewable thereafter in 12-month increments. What this means is that she is low in priority for removal from the U.S.

The same applied to VAWA petition outside the U.S until the approval of I-360.

Please enlight us what priority date of VAWA is and which category the VAWA applicant belongs to match up with immigrant visa number you stated above.

Thanks.

Edited July 18, 2013 by captain4ever

[happygiverny 0]

I also heard a lot of yes from lawyers' blogs/websites/forums. As someone who can benefit from this immediately, Trust me, I very much hope concurrent filing is doable. But I thought my doubt is legitimate too. after all the information is from USCIS. Thanks for the response.

My interpretation of the law and the interpretation of the lawyers I know all tell me that I can file even if my i-130 is not approved. I am filing in August either way. Now, note that your AOS will NOT be approved UNTIL the i-130 is approved.

Do as you wish my friends. I wish everyone the best of luck in whatever path they choose to follow.

[happygiverny 0]

For people who have nothing to lose by filing I-130 , surely they should give concurrent filing a try.

However, to someone who is on F-1 visa and needs to travel abroad sometime, or to someone who may need to switch to F-1 to keep his legal status if laid off, it makes sense to find out the truth. After all, it is your life that will be affected, not the lawyers.

Like bokar83 states, anyone still drowns in this skepticism to file shouldn't, that will mean less applicants in line and maybe our applications will be processed soon:))

captain: I am confused -- are you asking me a question? or you are trying to tell me that my interpretation of WHO MAY FILE CONCURRENTLY is wrong? I don't know anything about VAWA, I have no idea whether it has priority date or whatsoever.

If you are trying to tell me that my interpretation was wrong, that's actually good news. This kind of discussion is exactly what I am looking for.

The general process of VAWA is

- applying for I-360

- when approval, proceed to AoS.

With approval of the VAWA petition, the self-petitioner receives what is referred to as "Deferred Action" status for 15 months, renewable thereafter in 12-month increments. What this means is that she is low in priority for removal from the U.S.

The same applied to VAWA petition outside the U.S until the approval of I-360.

Please enlight us what priority date of VAWA is and which category the VAWA applicant belongs to match up with immigrant visa number you stated above.

Thanks.

Edited July 18, 2013 by happygiverny

[tataocb 2]

I haven't researched what the AOS process consists of, but what would happen if you file for an AOS and by the time they process that, the F2A category is no longer current and has retrogressed to before the PD of the petition? Since a visa would no longer be available, would that mean the AOS would be rejected? Or would the fact that when you filed for an AOS, since a visa was a available at that time, you can move on with the process regardless of what the PD being processed is by the time your AOS is processed?

Or what if by the time you go to the interview, the F2A category has retrogressed to before the PD? Would they reject the AOS at the interview because a visa is no longer available for you?

On another note, for those not filing for an AOS, but continuing with the normal process; what happens if by the time the case is completed, the F2A category has retrogressed to before the petition's PD; would that mean one would have to wait for the PD to become current again before receiving an appointment for an interview?

[sam271985 7]

Guys..! when we apply on august for I-485, and we will receive the receipt saying that we received your documents...!

that means we are in safe zone...! they do not care weather v ve approved I-130 or not ..!

am i right?