September 2013 AOS, I-130 Concurrent Filers

[msangela 0]

Congrats MsAngela on receiving the interview date!

California field office seem to be moving faster than East Coast ones in scheduling interviews!

Good Luck with the interview. please keep us posted.

Dhp,

Congrats on the EAD.... yes, I got couple of updates from the time card production approved to by the time it was mailed..... seemed like back and forth few times.

Thank you! I will!

[Kitten24 5]

Hello all,

Sorry to be butting in to your thread but you guys seem to know what you are doing...unlike me. Anyway, a family member wants to petition his spouse through F2A category. Since PD numbers are stuck on September 8, 2013 can he file the I485, I765 and I131 now? His spouse is here now admitted lawfully until June 2013. How did you guys go about that? Thanks so much.

[apple21 953]

Hello all,

Sorry to be butting in to your thread but you guys seem to know what you are doing...unlike me. Anyway, a family member wants to petition his spouse through F2A category. Since PD numbers are stuck on September 8, 2013 can he file the I485, I765 and I131 now? His spouse is here now admitted lawfully until June 2013. How did you guys go about that? Thanks so much.

No. If you want to file concurrently (like they did), you have to wait until F2A becomes "current" again in the Visa Bulletin (but it's not gonna happen anytime soon). For now, you can only file i-130.

[Kitten24 5]

Thank you so much!

[dhp 0]

No. If you want to file concurrently (like they did), you have to wait until F2A becomes "current" again in the Visa Bulletin (but it's not gonna happen anytime soon). For now, you can only file i-130.

What is PD

No. If you want to file concurrently (like they did), you have to wait until F2A becomes "current" again in the Visa Bulletin (but it's not gonna happen anytime soon). For now, you can only file i-130.

What is your PD

[aaron2020 11,651]

Hello all,

Sorry to be butting in to your thread but you guys seem to know what you are doing...unlike me. Anyway, a family member wants to petition his spouse through F2A category. Since PD numbers are stuck on September 8, 2013 can he file the I485, I765 and I131 now? His spouse is here now admitted lawfully until June 2013. How did you guys go about that? Thanks so much.

No, your family member cannot file concurrently to adjust his spouse in the F2a category when it is not current.

In fact, your family member's spouse has a giant problem by overstaying for more than 6 months. The spouse was lawfully admitted until June 2013. She has accrued more than 180 days of unlawful presence which means a 3 years ban once she leaves.

Overstays are not forgiven for the spouse of an LPR. So, there is no way for the spouse to adjust even if the PD in the F2a category is current.

[LPR_filer 2]

Hello all,

Sorry to be butting in to your thread but you guys seem to know what you are doing...unlike me. Anyway, a family member wants to petition his spouse through F2A category. Since PD numbers are stuck on September 8, 2013 can he file the I485, I765 and I131 now? His spouse is here now admitted lawfully until June 2013. How did you guys go about that? Thanks so much.

Is the family member who wants to file for his spouse any close to becoming a Citizen.... If so, you can then file as he becomes a US citizen.

Priority Date (PD) matter for Permanent Resident filers (as far as visa quota is concerned)

[Kitten24 5]

Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

[apple21 953]

Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

Wait for immigration reform? That's a lousy advice coming from a lawyer.

You are correct. He needs to file i-130 ASAP.

[Kitten24 5]

Yup, lousy advice is right! I wonder now what kind of lawyer that is...

[aaron2020 11,651]

What immigration reform? The proposed bill that the House Republicans have publicly stated that they will NEVER EVER bring to a vote?

For now, immigration reform is a non-starter as long as the Republicans control the House. The Tea Baggers will NEVER EVER GO ALONG with letting 12,000,000 people get a legal foothold in the US. And right now, the Tea Baggers have significant power in Congress. Wait for Ted Cruz and Paul Rand to run for president. They are the two biggest Tea Baggers in Congress. That's the type of power the Tea Baggers have.

Edited December 16, 2013 by aaron2020

[aaron2020 11,651]

Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

The attorney is an idiot.

If he had filed in May, the case would already be current and she would probably receive a visa by Summer 2014.

Lots of time wasted.

Tell your family member to file the I-130 for his wife NOW. Hopefully if the PD becomes current before her I-94 expires, then he can file to adjust her. The longer he waits to file the I-130, the less likely that the PD will be current before her I-94 expires.

[raz0407 1]

Hi msangela,

My I485 status changed to testing and interview last night. Not sure how this work but do they approve I130 after interview? seems like your I130 is not approved yet either. From other forums, I hv seem people who went for interview had their I130 approved. Is there any reason why USCIS is holding up approving our I130? THanks for your help.

Hi! I got my interview notice last Dec 4. My PD is Sept 20, 2013 and my interview schedule is on Jan 8, 2014.

[captain4ever 2]

Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

Ok, to be clear. I don't think this was a lousy advice. The immigration bill was composed to grant spouse of an LPR as immediate relative status, that means they would be able to file concurently like a USC.

During the time, the immigration topic was hot, and everyone expected it to become law sooner or later the next year. That's why the lawyer recomended this. Things turned out the bill is going into hiatus and won't be touched soon.

Compared with F2A (normailly takes more than 2 years), it was a sounding strategy though.

But anyways, there's nothing else you could do beside filing for F2A right away and hope for the PD to get current within your spouse's admitted period then.

[john.smith 5]

Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

File I-130 ASAP. Doing so will pay off later - his priory date will be closer to cutting off day for F2A.

If his PD does not become current till his I-94 expires, the only thing he should do is to leave the US. There is no forgiveness for illegal presents of gc holders' spouses. Leaving the US in that case, he will be eligible to get the visa back home when his PD becomes current. If he fails out of status, even for one day, he cannot adjust his status via marriage with a gc holder!

Again, file I-130 ASAP and the only thing beside that you can do is to hope his PD becomes current before his i-94 expires. If it happens he can file I-485. Nobody can tell you much about visa bulletin predictions - F2A category in your case.