F2a - concurent filing of I-130 & I-485 is LEGAL!!!!

[sam271985 7]

I did not get my 130 approved yet, it doesn't matter to me because I am filing August first. My congressman office says will follow up again on August 1st once the bulletin becomes current.

Yeah VSC sucks at this point. A couple of weeks back VSC was ruling and CSC sucked. Right now it's the reverse, hopefully VSC can get their act together.

The most fascinating thing with this process is the speed at which they catch in your checks once you submit your application and then put it on the shelf for years:))

Very true..!

did u finish medical appoitment...?

I m so confused n dont know what to do..?

do u mine if i ask u where do u live in USA?

[f2a485 9]

Very true..!

did u finish medical appoitment...?

I m so confused n dont know what to do..?

do u mine if i ask u where do u live in USA?

I am in MD, medical is next week

[sam271985 7]

I am in MD, medical is next week

k thanks...!

[Athena June 37]

Sorry if this is a stupid question, but can someone explain how adjustment of status in F2A category works in practice? How long does it take USCIS to process an I-485? Does filing I-485 in August (or whenever one's PD is current) automatically reserve a visa number for the beneficiary? If the I-485 is not immediately processed and the cut-off date retrogresses in the meantime, is the beneficiary still entitled to adjust status?

[aaron2020 11,651]

Here is my proof that I-130/485 CANNOT be filed concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

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

None of these applies to F2A.

A lot of people interpret "if an immigrant visa number is immediately available" is a stand-alone category. It is not, because of the "or" at the end of the previous line. Read the sentences carefully.

Read the instructions for Form I-130 and I-485. Pay attention to who can file part 1 subpart B.

Learn the difference between the instructions and an informational Webpage.

[aaron2020 11,651]

Here is my proof that I-130/485 CANNOT be filed concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

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

None of these applies to F2A.

A lot of people interpret "if an immigrant visa number is immediately available" is a stand-alone category. It is not, because of the "or" at the end of the previous line. Read the sentences carefully.

Here is blog on F2a concurrent filing; http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html?m=1

Read the part where it says concurrent filing is okay.

[aaron2020 11,651]

Here is my proof that I-130/485 CANNOT be filed concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

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

None of these applies to F2A.

A lot of people interpret "if an immigrant visa number is immediately available" is a stand-alone category. It is not, because of the "or" at the end of the previous line. Read the sentences carefully.

Here is my proof. A bunch of AVVO immigration lawyers who say F2a cases can be filed concurrently starting Aug. 1, 2013.

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

Guess either you're wrong or a bunch of immigration lawyers are wrong.

[happygiverny 0]

Thanks for the blog link, but since it is not an official USCIS webpage, my concern remains.

The case at point is:

• Whether F2A can file concurrently or not has nothing to do with PD Current.
• F2A does not belong to any of the five categories in WHO MAY FILE CONCURRENTLY

So far, people are using PD being current as the justification of F2A concurrent filing.

However, the second bullet is the deal killer.

Here is blog on F2a concurrent filing; http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html?m=1

Read the part where it says concurrent filing is okay.

[aaron2020 11,651]

Thanks for the blog link, but since it is not an official USCIS webpage, my concern remains.

The case at point is:

• Whether F2A can file concurrently or not has nothing to do with PD Current.
• F2A does not belong to any of the five categories in WHO MAY FILE CONCURRENTLY

So far, people are using PD being current as the justification of F2A concurrent filing.

However, the second bullet is the deal killer.

Dude? Are you serious? You still think you're right and a bunch of immigration lawyers are wrong. Incredible.

[bokar83 13]

Thanks for the blog link, but since it is not an official USCIS webpage, my concern remains.

The case at point is:

• Whether F2A can file concurrently or not has nothing to do with PD Current.
• F2A does not belong to any of the five categories in WHO MAY FILE CONCURRENTLY

So far, people are using PD being current as the justification of F2A concurrent filing.

However, the second bullet is the deal killer.

I have read and re-read the documents and links out there. A person in F2A category can file concurrently OR file the i-485 if the i-130 is not approved as long as they are doing AOS and their PD is current. In normal circumstances, you wouldn't be able to apply since the PD would be so far back. However, with it being current, you can file.

Now, if people are worried and don't want to file, that is their perogative. However, there is nothing that is wrong with filing and one should not be afraid to file.

I will be filing. I have already completed all of the paperwork and have my packet ready to mail out. Just waiting for the day I can drop it in the post box. I hope to have my approved I-130 by then, but I am planning (and was planning anyway) to send it in.

To those who are unsure, it is YOUR decision. If you want to file. File. If you don't want to file. Don't. Either way, good luck to everybody.

[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?

[NigeriaorBust 4,087]

They will take your documents , give you a number and by the time they look at it you will have illegal presence and either you get adjusted or you will not be able to adjust or visit again.

[NigeriaorBust 4,087]

Dude? Are you serious? You still think you're right and a bunch of immigration lawyers are wrong. Incredible.

We have seen tons of terrible advise by immigration lawyers. Did your advise that an IR1 visa was single entry come from the same group of lawyers ?

[aaron2020 11,651]

We have seen tons of terrible advise by immigration lawyers. Did your advise that an IR1 visa was single entry come from the same group of lawyers ?

It's the I-551 stamp that is the green card. The visa itself is only used once. The stamp is temporary green card. A person uses the stamp on subsequent entries.

Edited July 19, 2013 by aaron2020

[aaron2020 11,651]

They will take your documents , give you a number and by the time they look at it you will have illegal presence and either you get adjusted or you will not be able to adjust or visit again.

What does "you get adjusted or you will not be able to adjust" mean?

It mean you don't know jack.

That's a good as "I don't know - maybe you can adjust or not."

How do you know that a concurrent filer will get days if unlawful presence? Got proof?