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

[aaron2020 11,651]

To anyone who says that people cannot file concurrently - BRING YOUR PROOF. A single link to any government or lawyer's blog that says people cannot file concurrently.

[newacct 688]

However, there is another problem with concurrent filing -- in the I-485 instructions for Where Should You File Form I-485?, as well as on the website, none of the categories are applicable to concurrent filing (or filing before I-130 approved) for family preference categories. They only have:

• Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved Form I-130, or filed with Form I-130;
• Beneficiary of an approved Form I-130 filed by a qualifying relative;

It seems like when they wrote the instructions, they never considered the possibility of family preference categories being current. Although since the rest of family-based I-485 are sent to the Chicago Lockbox, I am guessing that Chicago Lockbox is the right place to send it.

[NigeriaorBust 4,087]

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?

You should really stop giving people advise to file concurrently when the forms don't list them as a class than can. I know it isn't your life that you are messing up and you seem to take a sick pleasure at giving others information that could come out terribly because you read something on a blog for immigration "experts" trying to drum up a few dollars.

[f2a485 9]

I know someone that successfully filed 485 in 2010 under when his 130 was still pending. Anybody (no exceptions) can file concurrently when a visa number is immediately available for their category, period.

Yes people may say why is F2A not listed on the form, I am sure they never thought they will be a day when this category will be current.

Again immigration laws are never black and white, that is why immigration lawyers are needed in certain situations that may be grey.

It is silly to say that "experts" trying to drum up a few dollars. It means not even one decent immigration lawyer is out there if all of them think you can file concurently.

Get a life buddy...

[f2a485 9]

And just to add, the form sates that "some employment based categories" can file concurrently but fails to specify which ones. Isn't that open to interpretation as well? EB1 can always file concurrently since they are always current while EB 3 could never file concurrently because when they were never current. When EB3 was declared current in 2007 (just like F2A has been declared now), everybody in EB3 went ahead and filed concurrently without any problems.

MY BIG QUESTIONS IS CAN ANYONE GIVE ME ONE REASON WHY F2A SHOULD BE TREATED DIFFERENTLY UNDER THESE INSTANCES???????

[aaron2020 11,651]

You should really stop giving people advise to file concurrently when the forms don't list them as a class than can. I know it isn't your life that you are messing up and you seem to take a sick pleasure at giving others information that could come out terribly because you read something on a blog for immigration "experts" trying to drum up a few dollars.

All you got is your opinion. Give us any link to support your position that people can't file concurrentlly.

Take your own advice because you are really messing up people's lives by telling them they can't file concurrently.

You are the flapping your gums without any PROOF OF WHAT YOU ARE SAYING.

BRING YOUR PROOF!!!!!!

[NigeriaorBust 4,087]

If it was true that co filing would be OK the airlines would be full of spouses of LPR's coming to the US to file

[belinda63 3,031]

Visa Availability and Concurrent Filing

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 more information on if you can file concurrently, refer to the instructions on your immigrant petition:

• source

  Clear as mud

  best as I can make out it means you can file concurrently if a visa number is immediately available but they will adjudicate the I-130 first and after approval, if the priority date is still current then they will adjudicate the I-485. So if you concurrently file in August and the I-130 is approved in December, but now there is a six month wait for the PD to become current the I-485 will not be adjudicated.

Edited July 20, 2013 by belinda63

[aaron2020 11,651]

If it was true that co filing would be OK the airlines would be full of spouses of LPR's coming to the US to file

Once again flappy gums, that's your opinion. Once again where's your proof?

Can't you find anything on the Internet that'll prove your point?

The Internet is wrong. The lawyers are wrong. You are right. Incredible.

[Mrs Tams 5]

What do you guys think of this link?http://www.**.com/greencard/immigrant-visa-number.html

I tried to copy-paste the portion that speaks specifically about the priority date being current, but for some reason, I could not (I'm using my iPod and not a computer right now), but that shouldn't matter.

I don't think it's a a matter of if concurrent filing is allowed for the F2A category, but rather if it will make a difference as to WHEN and how SOON the beneficiary will be eligible to apply for the green card?

Why file the extra paper work if the time frame would be the same as consular processing? No?

What do you guys think? ~~~

[f2a485 9]

Everybody is aware that even with an approved petition, if u file 485, your green card processing will be delayed if the priority date retrogresses and u are no longer current.

The main argument is whether concurrent filing is allowed once PD becomes current.

Seriously there is no controversy about this. I don't think it's some magical coincidence that all immigrations lawyers agree that u can file concurrently once PD is current.

[Mrs Tams 5]

Everybody is aware that even with an approved petition, if u file 485, your green card processing will be delayed if the priority date retrogresses and u are no longer current.

The main argument is whether concurrent filing is allowed once PD becomes current.

Seriously there is no controversy about this. I don't think it's some magical coincidence that all immigrations lawyers agree that u can file concurrently once PD is current.

[Mrs Tams 5]

I understand that, but what I'm asking is what would be the core reason for concurrent filing in this case? ~~~

[belinda63 3,031]

As I understand the post I made from USCIS you can file concurrent if the PD date is "C". The problem is if by the time the I-130 is approved the priority date may not be current. Then your I-485 goes into limbo. It appears to me that if this happens you will need to return home for consular processing (or be in the US in status) when the priority date becomes current. So its a ####### shoot and you are hoping the priority date will stay at "C" for several months or return to "C" the same month your I-130 is approved.

[Mrs Tams 5]

That's how I'm looking at it too, Belinda63!

When I first read the predictions under the F2A category for the August visa bulletin, this portion caught my eye: "This action has been taken in an effort to generate an increased level of demand." So, it is their goal to get the waiting time back to 2/2.5 years as soon as possible.

FAMILY-sponsored:

F2A: This category has become Current for August, and is expected to remain so for the next several months. This action has been taken in an effort to generate an increased level of demand. Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.