Concurrent filling

[airwire 0]

Hi,

I am new here and I am getting mixed info.

I am LPR and my wife is in USA on student visa. Since F2A category is current, I am wondering if I can file concurrently I130 and I485 for her. USCIS page says:

Who can file concurrently?

Concurrent filing is allowed in the following instances:

• If an immigrant visa number is immediately available

But also below it says:

A petition and application may be filed concurrently when there is a visa number immediately available at the time of filing. Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, concurrent filing is not allowed as the intending immigrant must have an approved basis of eligibility (i.e. an approved petition) before being allowed to file for adjustment of status.

For me its bit contradicting info.

Regards,

Michal C.

[Ryan H 3,812]

It's actually quite clear, if you don't have an approved I-130, then you can't file concurrently. An immigrant visa number is only available if a petition has been approved.

[belinda63 3,031]

Only US citizens can file concurrently for the LPR the I-130 must be approved first. Then if the spouse is legally and in status inside the US can the I-485 be filed.

[airwire 0]

Thank you for reply.

[aaron2020 11,651]

Wrong. Wrong. Wrong.

A visa number is available when the PD is current in a category. Approval of the I-130 has nothing to do with it.

As long a the PD in the F2a category is current, there is an available visa number. It is perfectly legal to file to adjust in the F2a caregory by filing the I-130 and I-485 together.

[aleful 1,905]

Wrong. Wrong. Wrong.

A visa number is available when the PD is current in a category. Approval of the I-130 has nothing to do with it.

As long a the PD in the F2a category is current, there is an available visa number. It is perfectly legal to file to adjust in the F2a caregory by filing the I-130 and I-485 together.

you're the one giving wrong information

only immediate family members of USC can file concurrently. nothing has changed about LPR petitioning for spouses and unmarried children under 21. they cannot adjust status in country unless they are legally here with a valid visa. immediate family members do no go by the visa bulletin.

what has become current is the priority date for the month of August. the priority date is given on the approved 130 and that has been sent to the NVC waiting for consular processing. the wait until August was 3 years. now, having an approved i130 at the NVC stage, the NVC will process the petitions immediately and soon after they will have their interview in their country of origin.

and for new ones, the petition will file the i130, it will be approved and sent to the NVC, where the second part of the process starts, just like a USC

no more waiting in line after the i130 has been approved.

now if the immigration reform comes along and they change the law and LPRs are allowed to file in the US, that's another story.

[aaron2020 11,651]

you're the one giving wrong information

only immediate family members of USC can file concurrently. nothing has changed about LPR petitioning for spouses and unmarried children under 21. they cannot adjust status in country unless they are legally here with a valid visa. immediate family members do no go by the visa bulletin.

what has become current is the priority date for the month of August. the priority date is given on the approved 130 and that has been sent to the NVC waiting for consular processing. the wait until August was 3 years. now, having an approved i130 at the NVC stage, the NVC will process the petitions immediately and soon after they will have their interview in their country of origin.

and for new ones, the petition will file the i130, it will be approved and sent to the NVC, where the second part of the process starts, just like a USC

no more waiting in line after the i130 has been approved.

now if the immigration reform comes along and they change the law and LPRs are allowed to file in the US, that's another story.

Read the instructions for Form I-485. Look at the part that said who can file this form. http://www.ilw.com/forms/i-485instructions.pdf

"Who May File This Form I-485? 1. Based on an immigrant petition. You may apply to adjust your status if; B. You are filing this application with a completed relative petition, . . . which, if approved, would make an immigrant visa number immediately available to you."

A completed relative petition would be the completed I-130.

NOTICE THE "IF APPROVED." IT DOES NOT SAY "WHEN APPROVED."

A beneficiary in the F2a category with a current PD has the legal basis to apply to adjust concurrently with the I-130. If the I130 is approved, a visa number does become immediately available to the F2a beneficiary. That is why the I-485 can be filed BEFORE THE I-130 IS APPROVED.

Get your facts straight.

[aaron2020 11,651]

you're the one giving wrong information

only immediate family members of USC can file concurrently. nothing has changed about LPR petitioning for spouses and unmarried children under 21. they cannot adjust status in country unless they are legally here with a valid visa. immediate family members do no go by the visa bulletin.

what has become current is the priority date for the month of August. the priority date is given on the approved 130 and that has been sent to the NVC waiting for consular processing. the wait until August was 3 years. now, having an approved i130 at the NVC stage, the NVC will process the petitions immediately and soon after they will have their interview in their country of origin.

and for new ones, the petition will file the i130, it will be approved and sent to the NVC, where the second part of the process starts, just like a USC

no more waiting in line after the i130 has been approved.

now if the immigration reform comes along and they change the law and LPRs are allowed to file in the US, that's another story.

Wrong. Google "USCIS and concurrent filing." NO WHERE DOES IT SAY ONLY IMMEDIATE RELATIBES OF A USC CAN FILE CONCURRENTLY.http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Concurrent Filing

Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

Who can 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

[happygiverny 0]

Wrong. Google "USCIS and concurrent filing." NO WHERE DOES IT SAY ONLY IMMEDIATE RELATIBES OF A USC CAN FILE CONCURRENTLY.http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Concurrent Filing

Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

Who can 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

I highly suggest you read the above bullets again.

Pay attention to the "or" at the end of the line above "If an immigrant visa number is immediately available". Note none of the other lines ended with an "or".

The correct interpretation is this:

• 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

the bulleting is confusing, but this is the only interpretation makes sense to me.

It also explains why employment-based is mentioned explicitly.

Ask yourself: If all can file concurrently when an immigrant visa number is available, isn't EB covered already? Why would USCIS bother to list employment-based in a seperate bullet?

[newacct 688]

These general info pages on the USCIS website is not always very clear. The actual law says:

INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245. [8 U.S.C. 1255]

(a) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

Also, read this:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.htm

A petitioner may file an I-130 immigrant visa petition and the beneficiary may file an I-485 adjustment application concurrently. ... In order to file concurrently, the I-130 petitioner and the I-485 applicant (who is also the I-130 beneficiary) must be able to meet all the requirements of both forms. For example:

And then it goes list examples when someone would not be able to file concurrently. One of which is:

If the petitioner is an LPR and second preference visa numbers are not “current,” the beneficiary cannot apply for adjustment of status. Again, the I-130 would have to be filed separately at the appropriate service center.

But according to your view, if the petitioner is an LPR (and thus it's in a family preference category), then they can never file concurrently. Then why does it matter whether the "second preference visa numbers are not current"? Why not just say "If the petitioner is an LPR, they cannot apply..."?

[f2a485 9]

@ happygiverny

Can you please complete your timeline?

I have contacted 3 reputable lawyers on the phone and they say you can file concurrently.

Google this over the internet, there is no one lawyer that has said you you cannot file from reputable law firms like murthy, Oh law, ron Gotcher and trust legal sides like avvo.com. If you are an immigration lawyer, then I guess you are the only one that disagrees. Immigration laws are not black and white, that is what you need lawyers at times.

I could find the link though, there was an area in the immigration that Ron Gotcher quoted that clearly supports this.

Either all these lawyers are plain stupid after going through law school or you are the only one that can interpret the law better than these folks.

I will go with the advise of someone that does this for a living rather taking a random advise off the web...... (no offense intended)

To enlighten yourself more, you should click on this link.

Go to that forum and have this discussion with lawyer Ron Gotcher and be enlightened dude.

[Harpa Timsah 13,258]

F2A is not current yet; it is current in August, and then you can file concurrently. If a petition, if approved, will give you an immediately available visa number, then you can file concurrently. That hasn't been the case for LPR petitions for a long long time, but apparently will be the case next month.

[aaron2020 11,651]

I highly suggest you read the above bullets again.

Pay attention to the "or" at the end of the line above "If an immigrant visa number is immediately available". Note none of the other lines ended with an "or".

The correct interpretation is this:

• 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

the bulleting is confusing, but this is the only interpretation makes sense to me.

It also explains why employment-based is mentioned explicitly.

Ask yourself: If all can file concurrently when an immigrant visa number is available, isn't EB covered already? Why would USCIS bother to list employment-based in a seperate bullet?

I highly suggest you read the instructions for Form I-130 and I-485 instead of an informational website.

In particular, read who can file the I-485 concurrently with the I-130. It's part 1 subpart B.

[aaron2020 11,651]

I highly suggest you read the above bullets again.

Pay attention to the "or" at the end of the line above "If an immigrant visa number is immediately available". Note none of the other lines ended with an "or".

The correct interpretation is this:

• 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

the bulleting is confusing, but this is the only interpretation makes sense to me.

It also explains why employment-based is mentioned explicitly.

Ask yourself: If all can file concurrently when an immigrant visa number is available, isn't EB covered already? Why would USCIS bother to list employment-based in a seperate bullet?

I also highly suggest you read this - AVVO immigration lawyers who state it's okay to file concurrently starting in August for F2a cases.

http://www.avvo.com/legal-answers/for-filing-f2a--i130-i485---my-wife-has-to-be-in-t-1329743.html

Maybe they are all wrong an you are right.

[bokar83 13]

I also highly suggest you read this - AVVO immigration lawyers who state it's okay to file concurrently starting in August for F2a cases.

http://www.avvo.com/legal-answers/for-filing-f2a--i130-i485---my-wife-has-to-be-in-t-1329743.html

Maybe they are all wrong an you are right.

In the end, I will be filing. I hope that everybody else who can file does file. However, if fewer people file, I will not be overly saddend. They made their choice and it means that there will be fewer people in the line. We tell you what to do or how to do it, but we can encourage you and provide you with all of the pertinant information. When it comes down to it, on Aug 1, each person will have to decide whether or not they will be sending in their forms or not. I will.