URGENT!! Concurrent filing under F2A - Still possible?

[nicknyc 2]

Hi Fellow VJer's,

I am a green card holder and my spouse is on H1B with me in the US. Upon realization(albeit late) that the PD is current, I started collating all the information and documents required to file for her permanent residency(concurrent filing i130+i485), However, the visa bulletin for October 2013 pushes back the date to Sep 8th for India. I have all the paperwork ready. Little confused if I should send it or not? Since the PD for September is current, shouldn't any application received before 30th September be considered current? Please pardon my limited knowledge in this field, but any constructive feedback will be really appreciated.

Thanks

[aaron2020 11,651]

Send it in today.

If the I-130 is received before the end of the month wile the F2a category is current, then your wife has a basis to adjust.

If the I-130 is received after October 1, then her category would not be current. She would need to wait until her PD is current to be able to adjust. The good news is that she can wait in the US as long as she has legal status (h-1b).

[nicknyc 2]

Send it in today.

If the I-130 is received before the end of the month wile the F2a category is current, then your wife has a basis to adjust.

If the I-130 is received after October 1, then her category would not be current. She would need to wait until her PD is current to be able to adjust. The good news is that she can wait in the US as long as she has legal status (h-1b).

Thanks aaron2020 - I am still waiting for the immunization records which will be received on Monday. I will use UPS next day delivery to ensure the package is delivered by Tuesday.