F2A Current - Concurrent Filing questions + Filing fees

[nicknyc 2]

Hi,

As we all know that the PD for F2A visa is current. I am presently a green card holder and have applied for naturalization which i am hoping to achieve by Jan-Feb 2014. My spouse right now is on F-1+CPT and has an approved H-1B starting from October 1st. I was wondering if I can do a concurrent filing of i-130 and i-485? Did check with a lawyer who said that its fine and infact I should do it ASAP. Just wanted to clarify if i got the below list right -

• Form i-130
• Form i-485
• Employment Authorization Form
• Advance Parole form
• E- notification form
• Filing fees - $ ???
• Current and past immigration documents for my wife
• My Green card copy
• Tax + W2 documents for me and my wife

Would really appreciate if someone can enlighten me.

Thanks

[KayDeeCee 4,896]

You should be able to. See this recent post on the topic> http://www.visajourney.com/forums/topic/441622-adjustment-of-status-on-f2a-with-a-current-priority-date/

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents- topic about F2A category ~

[Harpa Timsah 13,258]

You can do this: http://www.visajourney.com/content/i130guide2

That guide is for citizens, but right now, because the priority date is current, it works for you.

Fees are in the instructions for the forms. And the evidence required (more than what you have listed).

[nicknyc 2]

Thank you all for the replies and suggestions. I did go through the guide last night and boy, is it comprehensive! I just had one more clarification regarding EAD and AP. While going thru EAD and AP form, it looks like EAD/AP is approved under certain conditions. My question is - will an approved H1-B petition for my wife cause any issues with EAD and AP approval?

[Billyk 6]

Thank you all for the replies and suggestions. I did go through the guide last night and boy, is it comprehensive! I just had one more clarification regarding EAD and AP. While going thru EAD and AP form, it looks like EAD/AP is approved under certain conditions. My question is - will an approved H1-B petition for my wife cause any issues with EAD and AP approval?

You have to file AOS for your wife in order to get her LPR. Filing I-130 for your wife now as LPR you can upgrade that later once you get the citizenship. Yes - the F2A category is current for this fiscal year but don't know for how long. Your attorney is right you should do it ASAP in one shot, file your I-130, I-485, I-765 and I-131. We are talking here for an Immigrant Visa. H-1B or whatever is non immigrant visas or EAD will all left behind once you get approved for IR visa and hopefully the F2A category will remain current, will know in a week or two where we stand. Good luck!!!!!!!!!!!

[Harpa Timsah 13,258]

Thank you all for the replies and suggestions. I did go through the guide last night and boy, is it comprehensive! I just had one more clarification regarding EAD and AP. While going thru EAD and AP form, it looks like EAD/AP is approved under certain conditions. My question is - will an approved H1-B petition for my wife cause any issues with EAD and AP approval?

The condition you will meet is a pending I-485. EAD/AP is routinely approved for people with a pending I-485. Category C9 for the EAD.