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

[newacct 688]

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

It is visa fraud to enter the U.S. on a tourist visa with the intent to adjust status while here.

[newacct 688]

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.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-2888.html#e

If a visa number regresses after an alien has properly filed an application for adjustment of status, and the alien appears to be eligible for such adjustment, he or she is allowed to remain in the United States until a visa number again becomes available. ... While the case is awaiting availability of the regressed visa number, the alien is eligible for issuance of interim benefits such as an employment authorization document and andvance parole for the purposes of employment and travel outside the United States and return, respectively, at the discretion of the director having jurisdiction over the matter

[belinda63 3,038]

Thanks, that clears up the last issue. So concurrent filing is possible if the priority date is current and if it moves back while pending the alien can remain in the US and wait for the date to become current again......everyone concur?

[aaron2020 11,651]

Thanks, that clears up the last issue. So concurrent filing is possible if the priority date is current and if it moves back while pending the alien can remain in the US and wait for the date to become current again......everyone concur?

Yes. That's how it works.

There was a member who had a I-130 and he became current in the F2a category. After he filed to adjust, the PD regressed in 2011. His PD became uncurrent. He stayed by renewing his AP.

Edited July 21, 2013 by aaron2020

[Athena June 37]

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-2888.html#e

Thanks for the link, it answers my questions too.