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Adjustment of Status on F2A with a Current Priority Date

By SavingCavemen in Bringing Family Members of Permanent Residents to America

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SavingCavemen Contributor

SavingCavemen   1

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Filed: Other Timeline
Posted

Hi Everyone!

As you may have noticed, the F2A category made a huge jump and is now current for all countries. Our case has not yet been approved, but we expect that to happen in the following weeks. Now, the tricky thing, is that I am currently visiting my wife in the US on a tourist visa, therefore lawfully present in the United States.

I am wondering if now that the PD is current, would we be able to file for adjustment of status?

Would we have to wait until the case is approved and then file for AOS?

I'm thinking this might be our chance to be together!

PD is May 23th 2012

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted
I am wondering if now that the PD is current, would we be able to file for adjustment of status?

No, because your wife is not a US Citizen.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

SavingCavemen Contributor

SavingCavemen   1

Posted
Filed: Other Timeline
  • Author
Posted

Hi There Ryan.

I found this information and I think it complements the one you provided. Apparently it is possible but only after the petition has been approved.

  • Family Based
    Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. For more information, see our Family page.

Depending on the category you wish to adjust under, you may be eligible to have the petition filed at the same time that you file your Form I-485, Application to Register Permanent Residence or Adjust Status. This is called “concurrent filing.” Immediate relatives of a U.S. citizen may be able to file concurrently. Also, other certain classes of individuals who have a visa immediately available may be able to file concurrently. Most categories, however, require that you first establish your eligibility for the immigrant category by having an approved petition before you are allowed to file Form I-485, for these categories you will not be able to file concurrently.

So it seems like it's gonna be a waiting game...

f2a485 Explorer

f2a485   9

Posted
Filed: Country: Cameroon
 Timeline
Posted

Hi There Ryan.

I found this information and I think it complements the one you provided. Apparently it is possible but only after the petition has been approved.

  • Family Based

    Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. For more information, see our Family page.

Depending on the category you wish to adjust under, you may be eligible to have the petition filed at the same time that you file your Form I-485, Application to Register Permanent Residence or Adjust Status. This is called “concurrent filing.” Immediate relatives of a U.S. citizen may be able to file concurrently. Also, other certain classes of individuals who have a visa immediately available may be able to file concurrently. Most categories, however, require that you first establish your eligibility for the immigrant category by having an approved petition before you are allowed to file Form I-485, for these categories you will not be able to file concurrently.

So it seems like it's gonna be a waiting game...

That's not true! The only reason F2A could not file concurrently was because there was no visa immediately available for this category in the past, therefore you will have to start the I-130 process while waiting for a visa to become available.

Have you ever wondered while people in the employment categories 1 and 2 can file concurrently? Is it because the are immediate relatives of US citizens? No, it is because the have a visa immediately available for their category.

I-130 APPLICATION VSC

--------------------------------------------------

08/24/2012 Priority Date

08/16/2013 case transferred to NSC

08/27/13 Approval (NOA2)

08/30/13 Hard copy of NOA2 received

09/04/13 NVC returned file to USCIS

I-485 APPLICATION

-------------------------------------------------------------

08/6/13 I-485, 765, and 131 package mailed

8/7/13 package received by USCIS chicago

8/12/13 text and email of acceptance received

8/15/13 hard copies of I-797c receipt notices received

8/19/13 FP notice recieved, FP scheduled for 09/06/13

8/21/13 Successful FP walk in

9/3/13 Status changed to testing and interview

9/6/13 Email for interview scheduled for 10/9/13 at 2:30 pm in Philadelphia

10/7/13 EAD and AP approved

10/9/13 Interview lasted less than 5 mins and was approved on the spot

10/17/13 combo EAD and AP card received, but don't need it since GC has been approved already

10/21/13 10-year GC received, wow so much good things happening. THANK YOU JESUS!

SavingCavemen Contributor

SavingCavemen   1

Posted
Filed: Other Timeline
  • Author
Posted

That's not true! The only reason F2A could not file concurrently was because there was no visa immediately available for this category in the past, therefore you will have to start the I-130 process while waiting for a visa to become available.

Have you ever wondered while people in the employment categories 1 and 2 can file concurrently? Is it because the are immediate relatives of US citizens? No, it is because the have a visa immediately available for their category.

My Thoughts exactly! I'll have a meeting with my lawyer in the following days so I'll keep everyone posted as of my findings. Thanks guys!

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Ryan - stop posting the wrong info.

Any F2a beneficiary in the US can file to adjust on Aug 1 when the PD becomes current for all F2a beneficiaries. The I-485 can be file concurrently with the I-130 or after the I-130 is filed.

Visa numbers becomes available when a beneficiary's PD is current. Visa number availability has nothing to do with an approved I-130.

SavingCavemen Contributor

SavingCavemen   1

Posted
Filed: Other Timeline
  • Author
Posted

Just wanted to let you all know I just called the NCIS and talked to great representative (which is a major lucky break). They just told me they moved the case to process it faster since there is a huge amount of workload. They guy also gave us good news.



1. Now that the the F2A category is current, you are able to apply for adjustment of status if you are legally in the US (Which is my case)dancin5hr.gif


2. Along with the I-485 (adjustment of status) you are able to apply for I-765 (Application for employment authorization) so you can work until the process is done.


3. Along with everything else, you are able to apply for I-131 (Application for travel document) which grants you permission to travel to your home country with a pending process of adjustment of status.



So it's great news for us !!!! kicking.gif



aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Just wanted to let you all know I just called the NCIS and talked to great representative (which is a major lucky break). They just told me they moved the case to process it faster since there is a huge amount of workload. They guy also gave us good news.

1. Now that the the F2A category is current, you are able to apply for adjustment of status if you are legally in the US (Which is my case)dancin5hr.gif

2. Along with the I-485 (adjustment of status) you are able to apply for I-765 (Application for employment authorization) so you can work until the process is done.

3. Along with everything else, you are able to apply for I-131 (Application for travel document) which grants you permission to travel to your home country with a pending process of adjustment of status.

So it's great news for us !!!! kicking.gif

Please be careful. The PD will be current for all F2a beneficiaries starting August 1, 2013. It is not current yet.

Thanks for the update.

sam271985 Enthusiast

sam271985   7

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

Just wanted to let you all know I just called the NCIS and talked to great representative (which is a major lucky break). They just told me they moved the case to process it faster since there is a huge amount of workload. They guy also gave us good news.

1. Now that the the F2A category is current, you are able to apply for adjustment of status if you are legally in the US (Which is my case)dancin5hr.gif

2. Along with the I-485 (adjustment of status) you are able to apply for I-765 (Application for employment authorization) so you can work until the process is done.

3. Along with everything else, you are able to apply for I-131 (Application for travel document) which grants you permission to travel to your home country with a pending process of adjustment of status.

So it's great news for us !!!! kicking.gif

Hello,

NCIS means?

02/25/201;3: I-130 NOA 1
08/21/2013: I-130 transferred to Nebraska Service Center

10/07/2013: I -130 approved.

---------------------------------------------------------------------
08/12/2013 : I-485, I-131, I-765 Packet sent.
08/15/2013: e-mail and text received from USCIS.
08/21/2013: received hard copy.
08/25/2013: received hard copy of biometrics for 09/13/2013.
08/27/2013: Done walk-in biometrics.
9/17/2013: I -485 status updated to testing and interview.

9/27/2013: I -485 status shows Interview date November 5th, 2013

10/11/2013: I-765 and I-131 got approved.

11/5/2013: Green card approved

11/5/2013: I -485 status shows card production.

11/5/2013: Status moved back to decision.

11/7/2013: I-485 status shows card production.

11/14/2013: Received green card for 10 years

bokar83 Enthusiast

bokar83   13

Posted
Filed: Citizen (pnd) Country: Guinea
 Timeline
Posted

My i-130 was just approved! Yay. I was going to send it in either way, but now I can update my i-485.

Life is GREAT! SMILE! smile.png

I-130 Approved July 2013 (PD Dec 2011)

AOS DBVB

07/30/2013 - AOS packet sent via Express mail (I-485, I-131, I-765)

08/01/2013 (day 1) - Delivered to USCIS Chicago

08/06/2013 (day 6 ) - Received USCIS Acceptance Confirmation emails. Awaiting official receipt notice (Form I-797) in the mail.

08/08/2013 (day 8 ) - Checks cashed

08/10/2013 (day 10) - Received 3 NOA's by mail (I-485, I-131, I-765)

08/16/2013 (day 16 ) - NOA for Biometrics appointment. Date set for 08/28/2013

08/19/2013 (day 19) - Successful walk-in Biometrics

08/28/2013 (day 28) - Biometrics appointment (Original)

9/11/2013 (day 42) - I-485 status online changed to "testing & interview"

9/26/2013 (day 57) - EAD status online changed to "card production", I-131 approved.

9/30/2013 (day 61) - EAD/AP card production ordered

10/04/2013 (day 65) - EAD/AP card mailed

10/07/2013 (day 68) - EAD/AP card received. *USCIS spelling error on card so they will have to redo the card.

10/16/2013 (day 77) - EAD/AP card mailed back to USCIS due to USCIS spelling error on card.

11/23/2013 (day 115) - EAD/AP card received with correct name.

01/02/2014 (day 155) - I-485 status showing the interview date updated - Interview on Feb 4, 2014.

01/04/2014 (day 157 ) - Received NOA about the interview appointment on Feb 4, 2014

02/04/2014 (day 187) - Interview @ SLC

02/04/2014 (day 187) - I-485 Approved

02/13/2014 (day 197 ) - Green Card Received (10 Year GC)

--------------------------

Citizenship [bB]

08/17/2015 - N-400 packet sent via Express mail

08/19/2015 (day 2) - Delivered to USCIS Phoenix Lockbox

08/20/2015 (day 3) - Received USCIS Acceptance Confirmation emails. Awaiting official receipt notice (Form I-797) in the mail.

08/25/2015 (day 8) - Received NOA by mail

08/29/2015 (day 12) - NOA for Biometrics appointment. Date set for 09/08/2015

09/01/2015 (day 15) - Successful walk-in Biometrics @ a different location

12/17/2015 (day 123) - In line for interview

12/21/2015 (day 127) - Interview scheduled

12/24/2015 (day 130) - Interview letter received with interview date of Jan 27, 2016

01/27/2016 (day 164) - N400 Interview--Application approved.

02/07/2016 (day 175) - Oath ceremony letter arrived.Oath scheduled for 02/18/2016

02/18/2018 (day 186) - Oath ceremony

kutko Contributor

kutko   1

Posted
Filed: F-2A Visa Country: Slovenia
 Timeline
Posted

My i-130 was just approved! Yay. I was going to send it in either way, but now I can update my i-485.

Hey, congraaats! If you u r wondering, it takes around 4-5 days to get the hard copy in mail. so u might be still able to file on aug 1st. :)

I-130 Filing


11/09/2012 - I-130 PD


07/16/2013 - I-130 NOA2



I-485 (AoS)


7/30/2013 - AoS Packets sent I485 only, no EAD/AP


8/1/2013 - Fedex Delivered (Chicago Lockbox)


8/5/2013 - Texts and Emails from USCIS for I-485, EAD and AP


8/10/2013 - Hard Copies NOA for 485


8/12/2013 - Biometrics appointment letter (Scheduled for 8/28)


8/13/2013 - Successful walk-in Biometrics done.


8/29/2013 - Scheduled Biometrics


8/27/2013 - Status for I-485 changed to "Testing and Interview"


9/19/2013- Received text, interview OCT 22nd


10/22/2013- interview day, approved on spot


11/01/2013- Received 10 years green card, married under 2 years

tataocb Contributor

tataocb   2

Posted
Filed: F-2A Visa Country: El Salvador
 Timeline
Posted

A couple of questions about this topic, which has become very popular lately.

1. Is there a specific type of visa you have to be using while in the US to file for adjustment of status? Like say a work visa, or student visa. I ask this because I remember reading that an adjustment of status cannot be filed while in the US with a visitor visa because it is illegal to use a visitor visa with an intent to immigrate. Would that be grounds for a refusal?

2. What happens if you file for an adjustment of status, and by the time you go to your interview, the F2A category is no longer current and has retrogressed to before your PD. Since that means that a visa is not available for you at the time, would they refuse your petition for an adjustment of status?

SavingCavemen Contributor

SavingCavemen   1

Posted
Filed: Other Timeline
  • Author
Posted

Hi Everyone,

Here are some clarifications:

1. NCIS means I've been watching too much TV. rofl.gif I really meant USCIS. Please excuse me , honest mistake.

2. AS far as I know, you are able to adjust status with any visa (even a tourist visa) if you are already in the states. The thing is, since the last bulletin has been published, if you try to ENTER the US right now with the intent to change your status then that would be visa fraud. In My case for example I have already been in the states since 3 months ago and there was no way for me to know my PD would become current at that time and of course I can prove this with my passport stamps.

As for the other question, I really can't answer it right now, but I will be meeting with my lawyer today. I'll try to post all the info I get so we can have some direction.

Hang on, everyone!

sam271985 Enthusiast

sam271985   7

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

Hi Everyone,

Here are some clarifications:

1. NCIS means I've been watching too much TV. rofl.gif I really meant USCIS. Please excuse me , honest mistake.

2. AS far as I know, you are able to adjust status with any visa (even a tourist visa) if you are already in the states. The thing is, since the last bulletin has been published, if you try to ENTER the US right now with the intent to change your status then that would be visa fraud. In My case for example I have already been in the states since 3 months ago and there was no way for me to know my PD would become current at that time and of course I can prove this with my passport stamps.

As for the other question, I really can't answer it right now, but I will be meeting with my lawyer today. I'll try to post all the info I get so we can have some direction.

Hang on, everyone!

Thanks for reply...!

02/25/201;3: I-130 NOA 1
08/21/2013: I-130 transferred to Nebraska Service Center

10/07/2013: I -130 approved.

---------------------------------------------------------------------
08/12/2013 : I-485, I-131, I-765 Packet sent.
08/15/2013: e-mail and text received from USCIS.
08/21/2013: received hard copy.
08/25/2013: received hard copy of biometrics for 09/13/2013.
08/27/2013: Done walk-in biometrics.
9/17/2013: I -485 status updated to testing and interview.

9/27/2013: I -485 status shows Interview date November 5th, 2013

10/11/2013: I-765 and I-131 got approved.

11/5/2013: Green card approved

11/5/2013: I -485 status shows card production.

11/5/2013: Status moved back to decision.

11/7/2013: I-485 status shows card production.

11/14/2013: Received green card for 10 years

SavingCavemen Contributor

SavingCavemen   1

Posted
Filed: Other Timeline
  • Author
Posted

Hey people,

I found this online from a law firm so it might help clarify that second question:

13. What happens to my pending I-485 application if my priority date becomes subject to retrogression?
If you (and any dependent family members) filed I-485 applications while you had a current priority date, your applications will remain pending
at the USCIS. This means that you will continue to be eligible for advance parole and employment authorization based on the pending I-485;
however, USCIS will not be able to approve the I-485 until your priority date is current and a visa number is available.
Which means, you don't get kicked out of the states, but rather you just wait for your PD again BUT IN the US while working legally and you are able to travel with the I-131 documents.
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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