Aug 2013 visa bulletin. F2A is "Current". I-130 still under "review". options?

[andrex 0]

Hello,

According to Aug 2013 visa bulletin. F2A is "Current". http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

The I-130 is still under "review". What are the options?

Background info (in case it is relevant)

- Entered US as a visitor (tourist).

- Overstayed past the visa/i-94.

- Later married an LPR.

- Filed i-130 in May 2012.

- Case is under "initial review" and have always been in the US since entering as a visitor.

If F2A is current, what does it mean for those who have an I-130 under review?

Can I apply for adjustment of status? I-485?

Must an I-130 be "approved" prior to applying for I-485?

Thanks

[aleful 1,905]

hi,

no you can't LPR can't adjust status in the US unless they are here legally under another visa, such as student or work visa. you will go through consular processing.

you just have to wait until the i130 is approved, there is nothing you can do right now

[Athena June 37]

How long have you been out of status?

[andrex 0]

about 3 years

[aleful 1,905]

hi

the only way to adjust status is if your spouse becomes a USC, if not, you will need to go to your country and will need to file a waiver and your husband do the hardship letter.

unless the immigration reform is approved and you benefit from it

[andrex 0]

@aleful:

So with LPR spouse, the option would be to (i) travel to country of origin and file an I-601 waiver and (ii) LPR spouse staying in US and providing/filing a letter trying to proof "extreme hardship" due to spouse's absence? Did I get this right?

1. Does the "extreme hardship" letter gets filed with the i-601 or separately?

2. Is there anyway to find how long consular offices take in making a decision for these requests?

Thanks.

[aleful 1,905]

@aleful:

So with LPR spouse, the option would be to (i) travel to country of origin and file an I-601 waiver and (ii) LPR spouse staying in US and providing/filing a letter trying to proof "extreme hardship" due to spouse's absence? Did I get this right?

1. Does the "extreme hardship" letter gets filed with the i-601 or separately?

2. Is there anyway to find how long consular offices take in making a decision for these requests?

Thanks.

no

the i601 and the extreme hardship letter go together in her country after the interview. the LPR is the one who writes the letter with evidence.

there is no waiver and letter filed in the US for LPR spouses, all is done after her interview and denial in her country.

the only way to stay and adjust here is through immigration reform or if spouse becomes a USC

[andrex 0]

@aleful: Thanks!

Would there be any differences if I had filed the i-130 before the i-94 expired? Thanks

[aleful 1,905]

@aleful: Thanks!

Would there be any differences if I had filed the i-130 before the i-94 expired? Thanks

no, because you cannot adjust status in the US and until the month of August, it took around 3 years until you had your interview in your country

[aaron2020 11,651]

The PD being current for all F2a beneficiaries has nothing to do with this case.

Although, the OP's wife can file to adjust based on a current PD, it will be rejected because of her overstay.

Visa overstays are forgiven for the spouse of a USC. Visa overstays are not forgiven for the spouse of an LPR.

The fact is, as long as the the OP is not a USC, then his wife's visa overstay prevents her from a successful adjustment.

If she was here on a valid visa, she could adjust with no problem.

[bokar83 13]

The PD being current for all F2a beneficiaries has nothing to do with this case.

Although, the OP's wife can file to adjust based on a current PD, it will be rejected because of her overstay.

Visa overstays are forgiven for the spouse of a USC. Visa overstays are not forgiven for the spouse of an LPR.

The fact is, as long as the the OP is not a USC, then his wife's visa overstay prevents her from a successful adjustment.

If she was here on a valid visa, she could adjust with no problem.

True. The factor that affects this situation the most is the overstay. Without it, it would be smooth sailing. Sorry. Aaron2020 is right again.

[madala 32]

What is the real meaning of "current"? Does it mean if someone today, their application will be processed in record time (whatever that means)?

[aaron2020 11,651]

What is the real meaning of "current"? Does it mean if someone today, their application will be processed in record time (whatever that means)?

No.

"Current" is used in reference to the Priority Dates in the Visa Bulletin. It means that there are visa numbers available to all beneficiaries in a family preference category. This essentially puts them in a similar processing time for the Immediate Relatives of a USC.

[igwe 0]

Those USC that file i-130 for their under 21 yrs child in the month of July,2013. Does it current too. If yes how long will the petition take to get approved? thanks

Edited August 30, 2013 by igwe

[aaron2020 11,651]

Those USC that file i-130 for their under 21 yrs child in the month of July,2013. Does it current too. If yes how long will the petition take to get approved? thanks

Next time, start your own thread instead of hijacking another person's thread.

All F2a cases are current. The State Department in the Sept 2013 Visa Bulletin has already stated that it is expected to retrogress in October 2013.

How long the case will take will depend on the future and retrogression, so no one can tell you how long it will take to approve the case or for a visa.