F2A is Current. What to do now?

[KIMMMMMM 0]

Hi All,

I am asking not for me but for a family friend who's petitioning for their daughter. I just moved in to the US last February and I really want to help them out.

So we've been monitoring the Visa Bulletin and it turns out it's CURRENT this month for F2A. Now I was told that they just received the I-797, Notice of Action last June 2013. Now with the Priority Date becoming CURRENT, can they directly file for an I-485 (Adjustment of Status)? I can remember our processing that we got a letter from the NVC asking for the documents including DS230. Is this gonna be the same case for them? Should they wait for that same letter or can they directly file for the I-485 even though the NVC haven't asked them their daughter's documents (Birth Certificate, Passport, DS230, Police Clearance, etc) yet?

Thanks a lot!

[Mourad81 20]

Even though the PD is current , His application needs first to be approved at USCIS!

[KIMMMMMM 0]

Even though the PD is current , His application needs first to be approved at USCIS!

Yes, I understand that. Her case is already approved. They already received the the I-797, NOA letter saying that the application has been approved and that it was already forwarded to the NVC for further processing. Now what I want to know is after receiving this I-797, can they file for the Adjustment of Status?

Thanks for the response!

[aaron2020 11,651]

If she is legally in the US on August 1, then she can file the I-485. There is no need for her to wait for the I-130 to be approved.

If she is not in the US or is illegally in the US, then she cannot file the I-485.

Even though the PD is current , His application needs first to be approved at USCIS!

Incorrect.

If he is legally in the US when his PD is current, then he can apply to adjust. There is no need to wait to for an approved I-130 to file the I-485 when the PD is current. This is like a concurrent filing.

[KIMMMMMM 0]

If she is legally in the US on August 1, then she can file the I-485. There is no need for her to wait for the I-130 to be approved.

If she is not in the US or is illegally in the US, then she cannot file the I-485.

Incorrect.

If he is legally in the US when his PD is current, then he can apply to adjust. There is no need to wait to for an approved I-130 to file the I-485 when the PD is current. This is like a concurrent filing.

She is not in the US right now and she's never been here either. She's still in the Philippines waiting for the processing of her VISA Application to finish.

So does this mean that she cannot file for Adjustment of Status? The last status i've heard is that they received the I-797, Notice of Action.

She has a priority date but i'm not sure if she already has a case number.

If the VISA Bulletin for August is CURRENT, what can she do to expedite her processing? Thank you so much for the response!

[shak057 0]

Adjustment of Status can only be filed if the beneficiary's i-130 is approved and is in the us legally with temporary visa. everything is going so fast and try to finish the nvc process as early as u can. if they can complete the case with nvc in the next 2 month there is a great chance to get an interview date shortly after.......thanks

[aaron2020 11,651]

Adjustment of Status can only be filed if the beneficiary's i-130 is approved and is in the us legally with temporary visa. everything is going so fast and try to finish the nvc process as early as u can. if they can complete the case with nvc in the next 2 month there is a great chance to get an interview date shortly after.......thanks

As long a the PD is current and the beneficiary is legally in the US, then the beneficiary can file the I-485 to adjust.

Stop with the "need an approved I-130" to file the I-485. This is incorrect.

[KIMMMMMM 0]

Adjustment of Status can only be filed if the beneficiary's i-130 is approved and is in the us legally with temporary visa. everything is going so fast and try to finish the nvc process as early as u can. if they can complete the case with nvc in the next 2 month there is a great chance to get an interview date shortly after.......thanks

I see. But what if she hasn't received any new updated from the NVC yet about her case? The last mail they got was the I797, NOA. Does this mean that even if the Visa Bulletin is CURRENT, she cannot do anything unless the NVC sends a mail requesting for her documents? By the way, also is it okay for them to call NVC or should they just wait for the NVC to contact them?

Thank you very much for the help and prompt response!

[aaron2020 11,651]

I see. But what if she hasn't received any new updated from the NVC yet about her case? The last mail they got was the I797, NOA. Does this mean that even if the Visa Bulletin is CURRENT, she cannot do anything unless the NVC sends a mail requesting for her documents? By the way, also is it okay for them to call NVC or should they just wait for the NVC to contact them?

Thank you very much for the help and prompt response!

Since she is not in the US, she must wait for an approved I-130 to be sent to the NVC before she can apply for an immigration visa. The time to approve the I-130 has nothing to do with a current PD. it simply takes time. For example, a visa number is available to Immediate Relatives of US citizens, but it still takes 6 or more months to get the I-130 approved before the person can apply for a visa.

There is nothing she can do until the I-130 is approved. She has to wait for USCIS to do its job before the case is sent to the NVC.

Contacting the NVC when the I-130 has not been approved is useless since they haven't even gotten the case yet from USCIS.

Edited July 29, 2013 by aaron2020

[KIMMMMMM 0]

Since she is not in the US, she must wait for an approved I-130 to be sent to the NVC before she can apply for an immigration visa. The time to approve the I-130 has nothing to do with a current PD. it simply takes time. For example, a visa number is available to Immediate Relatives of US citizens, but it still takes 6 or more months to get the I-130 approved before the person can apply for a visa.

There is nothing she can do until the I-130 is approved. She has to wait for USCIS to do its job before the case is sent to the NVC.

Contacting the NVC when the I-130 has not been approved is useless since they haven't even gotten the case yet from USCIS.

Makes sense but i'm still confused. How do they know the status of the I-130? Because with the last letter they got was the I-797 NOA2 which is the approval saying that the Petition was approved and the case has been sent to the NVC for further processing.

Is this any different to the I-130 Approval that you mentioned? It was also stated there that they need to wait at least 30 days before contacting NVC about the case and it's been 30+ days now.

Thanks so much!

[shak057 0]

I see. But what if she hasn't received any new updated from the NVC yet about her case? The last mail they got was the I797, NOA. Does this mean that even if the Visa Bulletin is CURRENT, she cannot do anything unless the NVC sends a mail requesting for her documents? By the way, also is it okay for them to call NVC or should they just wait for the NVC to contact them?

Thank you very much for the help and prompt response!

yes u have to wait untill nvc received your case from the service center, but it will be very helpful if you get all the required docs ready including passport and police certificate on hand. this way soon they ask you will be able to send it to them. they should call nvc everyday and as soon as they create a case # they should give them their email as a communication source. thanks

[Ana & Cesar 5]

Question regarding this topic? What if the person who was being petitioned is out of status but has a pending I-130 with I-797 receipt? Can we now file I-485 and I-765 now that the F2A is current? This is a question for my a friend of mine. Anyone who can answer, pls. do so and we greatly appreciate it. Thank you.

[newacct 688]

Question regarding this topic? What if the person who was being petitioned is out of status but has a pending I-130 with I-797 receipt? Can we now file I-485 and I-765 now that the F2A is current? This is a question for my a friend of mine. Anyone who can answer, pls. do so and we greatly appreciate it. Thank you.

No, family preference categories require the immigrant to be in status to adjust status. Only immediate relatives can adjust status without being in status.

[Ana & Cesar 5]

Yeah, he was being petition by his LPR wife and both are here in the US. I thought that I-485 will help fix that problem. Am I wrong with that conclusion?

[aaron2020 11,651]

Yeah, he was being petition by his LPR wife and both are here in the US. I thought that I-485 will help fix that problem. Am I wrong with that conclusion?

It's not appropriate to hijack another person's thread with your case. Adding your facts muddles the thread and people starts thinking your facts applies to the OP. you should start your own thread next time. Thanks.

Visa overstays are not forgiven for the relatives of LPRs. The visa overstay (visa violation) is an automatic denial of the green card.

Visa overstays are forgiven for the Immediate Relative spouse or Immediate Relative child of a USC.

Once your friend becomes a USC, her husband's overstay would be forgiven. So, don't attempt to adjust until she can send in proof of US citizenship.

The relatives of LPRs must be in the US legally when the PD is current in order to qualify to adjust.

Edited July 29, 2013 by aaron2020