Pettition approved but not eligible for adjustment - PART II

[Hypnos 6,578]

Since you have an earlier-filed I-130 as the spouse of an LPR then you will be able to file an I-485 beyond 30th September, because the cutoff for I-130s under the F2A category will still be after your priority date, so you will still be current.

You can find the visa bulletin here: http://travel.state.gov/visa/bulletin/bulletin_1360.html

October's is here: http://travel.state.gov/visa/bulletin/bulletin_6062.html and so once October rolls around only people who have filed an I-130 on or before 13th September 2013 will be eligible to file an I-485 (if they are in the US legally and have been for their entire stay) or seek an immigrant visa overseas.

Have the medical done and file your I-485, it's that simple. Forget what the USCIS misinformation line has told you, and make sure you enclose a copy of the I-130 approval notice along with your I-485. Forget about the NVC.

Edited September 23, 2013 by Hypnos

[Harpa Timsah 13,258]

For November, the F2A category could retrogress to years in the past. If that would happen, you would be unable to AOS.

[MisterEko 1]

Since you have an earlier-filed I-130 as the spouse of an LPR then you will be able to file an I-485 beyond 30th September, because the cutoff for I-130s under the F2A category will still be after your priority date, so you will still be current.

You can find the visa bulletin here: http://travel.state.gov/visa/bulletin/bulletin_1360.html

October's is here: http://travel.state.gov/visa/bulletin/bulletin_6062.html and so once October rolls around only people who have filed an I-130 on or before 13th September 2013 will be eligible to file an I-485 (if they are in the US legally and have been for their entire stay) or seek an immigrant visa overseas.

Have the medical done and file your I-485, it's that simple. Forget what the USCIS misinformation line has told you, and make sure you enclose a copy of the I-130 approval notice along with your I-485. Forget about the NVC.

This is what I was told. How come there's such discrepancy in answers here, though?

For November, the F2A category could retrogress to years in the past. If that would happen, you would be unable to AOS.

But Hypnos is right, I can file in October and still be current?

[Harpa Timsah 13,258]

This is what I was told. How come there's such discrepancy in answers here, though?

there is no discrepancy in answers here.

What you say you were told (that you could file anytime you want in the next two years) is NOT what Hypnos told you.

When we were first discussing this, the October bulletin was not out. No one knew what the future would hold. That news is only for one month, not forever.

Edited September 23, 2013 by Harpa Timsah

[MisterEko 1]

there is no discrepancy in answers here.

What you say you were told (that you could file anytime you want in the next two years) is NOT what Hypnos told you.

When we were first discussing this, the October bulletin was not out. No one knew what the future would hold. That news is only for one month, not forever.

I'm sorry guys, my mind is just overloaded with info. So you agree that I can file in October and still be current?

Thanks for your help.

[Hypnos 6,578]

The simple answer is that the visa bulletin fluctuates. September was an extremely rare occurrence in that it was current, so anyone who would apply under F2A could apply right now if they had entered the US legally and had remained in status. October retrogressed a little, but not by much, and in November who knows. Given the large number of applications that this unusual event likely caused then F2A could regress significantly, by several months or maybe even over a year.

Suppose the November bulletin came out and the new date for F2A was 1st January 2013; if this date was before your priority date (the one listed on the I-130 NOA) then you would no longer be current and would not be able to AoS until a future time when the date had once more moved past your priority date. Or you could head all that off and file sometime in September or October, since you are definitely current through the end of October.

Edited September 23, 2013 by Hypnos

[MisterEko 1]

The simple answer is that the visa bulletin fluctuates. September was an extremely rare occurrence in that it was current, so anyone who would apply under F2A could apply right now if they had entered the US legally and had remained in status. October retrogressed a little, but not by much, and in November who knows. Given the large number of applications that this unusual event likely caused then F2A could regress significantly, by several months or maybe even over a year.

Suppose the November bulletin came out and the new date for F2A was 1st January 2013; if this date was before your priority date (the one listed on the I-130 NOA) then you would no longer be current and would not be able to AoS until a future time when the date had once more moved past your priority date. Or you could head all that off and file sometime in September or October, since you are definitely current through the end of October.

Thank you for clarifying.

The reason I asked is because we have everything ready but the medical exam, and our local doctor isn't available until next week, which is already october.

So it makes no difference if I file this week or next? (I will definitely file next week, but I could drive few hundred miles to next civil surgeon to get it done this week if necessary).

Thanks so much.

[MisterEko 1]

The simple answer is that the visa bulletin fluctuates. September was an extremely rare occurrence in that it was current, so anyone who would apply under F2A could apply right now if they had entered the US legally and had remained in status. October retrogressed a little, but not by much, and in November who knows. Given the large number of applications that this unusual event likely caused then F2A could regress significantly, by several months or maybe even over a year.

Suppose the November bulletin came out and the new date for F2A was 1st January 2013; if this date was before your priority date (the one listed on the I-130 NOA) then you would no longer be current and would not be able to AoS until a future time when the date had once more moved past your priority date. Or you could head all that off and file sometime in September or October, since you are definitely current through the end of October.

By the way, our priority date is March 2013.

[Hypnos 6,578]

You can definitely file through the end of October, and probably November unless there is some kind of gigantic retrogression (which is possible, so you should jump on this now).

[MisterEko 1]

You can definitely file through the end of October, and probably November unless there is some kind of gigantic retrogression (which is possible, so you should jump on this now).

Thanks guys, filing next week then. Wonder if this process will ever be simplified.