F2A - Please advise on how to file?

[Bahatj 4]

Hi,

First, let me say that this website is one of the best things that I have come across on the web. I would like to see if anyone can give a definite answers on couple of questions I have.

1) My mother (LPR) was getting ready to submit I-130 for me. Now that August 2013 says "current" can I file I-485 together with I-130? I want to avoid them rejecting my case just because I filed two forms together.

2) If yes, do I send the two forms on the first of August?

3) If I-130 is the only thing she can file right now, should we file it asap or wait till August 1st and and wait until I-130 is approved?

Btw, my mother received her green card just last week and I am under 21 until January. I am on F-1 visa currently and reside in the U.S.

Thank you for your help.

Edited July 17, 2013 by Bahatj

[apple21 953]

Are you in the US now?

[Bahatj 4]

Are you in the US now?

Yes I am

[Mrs Tams 5]

I'm sorry, but if I may. Why weren't you included in your mother's application? You would have received your green card the same time your mother got hers. ~~~

[Bahatj 4]

I'm sorry, but if I may. Why weren't you included in your mother's application? You would have received your green card the same time your mother got hers. ~~~

My mother got her green card through my brother's (US citizen) petition.

Can somebody please help me with my questions?

[NigeriaorBust 4,087]

you can AOS if you are legally in the US when your I130 is approved and IF the priority is current at that time. You are not able to immediately file for AOS. Current only applies to people with approved petitions. Do not overstay , it isn't forgiven for LPR's

[Mrs Tams 5]

You should have been noted in your brother's petition. You would have rec'd your green card at the same time your mother did.

Your mother can file an I-130 petition for you, but may be years before you get your green card.

Please refer to http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD for more info.

[Mrs Tams 5]

One you've completed your studies, perhaps a work-based green card may be a better option for you? ~~~

[Bahatj 4]

You should have been noted in your brother's petition. You would have rec'd your green card at the same time your mother did.

Your mother can file an I-130 petition for you, but may be years before you get your green card.

Please refer to http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD for more info.

I don't see the point in talking about what has already happened, but how could my brother possibly included me in his petition? You may have your sources wrong. Remember, I am a brother (F1) to a US citizen. I am not considered an immediate relative.

[Mrs Tams 5]

Sometimes more info is required in order to help a poster. It's not about being 'nosey' or talking about what has already passed.

You are not understanding what I said. You would have been a drivative of your brother's petition that was filed for your mother since you are under 21, and so you would have already had your green card. I just find it strange that this was not done.

Your options are:

(1) Have your mother file for you - 8 years before a VISA number will be available.

(2) Have your brother file for you - 12 years before a VISA number will be available.

(3) If you fall in love with a U.S citizen and get married, you would then become an immidiate relative and able to adjust status.

(4) If you fall in love with a permanent resident and get married, you would be able to adjust status (from August 1, 2013 when the F2A category becomes current.)

(5) Look into getting a work-based VISA.

However, options 3 and 4 might not be realistic for you at this time (I'm assuming).

Take a look at the VISA bulletin for July 2013 http://www.travel.state.gov/visa/bulletin/bulletin_5993.html

[Bahatj 4]

Sometimes more info is required in order to help a poster. It's not about being 'nosey' or talking about what has already passed.

You are not understanding what I said. You would have been a drivative of your brother's petition that was filed for your mother since you are under 21, and so you would have already had your green card. I just find it strange that this was not done.

Your options are:

(1) Have your mother file for you - 8 years before a VISA number will be available.

(2) Have your brother file for you - 12 years before a VISA number will be available.

(3) If you fall in love with a U.S citizen and get married, you would then become an immidiate relative and able to adjust status.

(4) If you fall in love with a permanent resident and get married, you would be able to adjust status (from August 1, 2013 when the F2A category becomes current.)

(5) Look into getting a work-based VISA.

However, options 3 and 4 might not be realistic for you at this time (I'm assuming).

Take a look at the VISA bulletin for July 2013 http://www.travel.state.gov/visa/bulletin/bulletin_5993.html

So August 2013 being current won't make a visa available to me immediately? I could file now and so wouldn't I have a visa number available right away in August?

[Mrs Tams 5]

Yes, your mother can file a petition for you and you guys could get started on the adjustment of status process. However, why I mentioned your brother earlier was because you said your mother arrived in The States only 2 weeks ago. Depending on her financial situation during processing, your brother may have to be a joint sponsor for the affidavit of support. ~~~

[aaron2020 11,651]

Miss Tams - you are giving out incorrect information.

First, derivative beneficiaries are not allowed when a USC petitions a parent. The OP would not have gotten any benefits based in the petition for the mother.

Second, all your options ignores the fact that his LPR mother can file both the I-130 and I-485 to adjust his status.

[aaron2020 11,651]

Hi,

First, let me say that this website is one of the best things that I have come across on the web. I would like to see if anyone can give a definite answers on couple of questions I have.

1) My mother (LPR) was getting ready to submit I-130 for me. Now that August 2013 says "current" can I file I-485 together with I-130? I want to avoid them rejecting my case just because I filed two forms together.

2) If yes, do I send the two forms on the first of August?

3) If I-130 is the only thing she can file right now, should we file it asap or wait till August 1st and and wait until I-130 is approved?

Btw, my mother received her green card just last week and I am under 21 until January. I am on F-1 visa currently and reside in the U.S.

Thank you for your help.

Ignore everything Miss Tams posted - it's all wrong.

1. Yes. Your mother can file the I-130 and I-485 to adjust your status in the F2a category. They will not be rejected if you file them together since the PD for the F2a category will all be current on August 1, 2013.

2. Do not file until Aug. 1 when the August 2013 Visa Bulletin becomes effective. DO NOT FILE BEFORE AUGUST 1, 2013.

3. File both in August. Do not send anything in July.

4. Do not worry about turning age 21 in January 2014. As long as your mother files in Aug 2013 when your PD is current, then your age will freeze at 20 for immigration purposes relating to your AOS.

Edited July 17, 2013 by aaron2020

[Bahatj 4]

Ignore everything Miss Tams posted - it's all wrong.

1. Yes. Your mother can file the I-130 and I-485 to adjust your status in the F2a category. They will not be rejected if you file them together since the PD for the F2a category will all be current on August 1, 2013.

2. Do not file until Aug. 1 when the August 2013 Visa Bulletin becomes effective. DO NOT FILE BEFORE AUGUST 1, 2013.

3. File both in August. Do not send anything in July.

4. Do not worry about turning age 21 in January 2014. As long as your mother files in Aug 2013 when your PD is current, then your age will freeze at 20 for immigration purposes relating to your AOS.

Thank you. This was helpful not because its what I wanted to hear but because this confirmed my plans.

Thank you again.