F2A Visa Priority Date

[stickman 0]

Hello everyone! I just joined this forum a couple of minutes ago, and had a couple of questions/issues that could use everyone's experience/help.

I am a Legal Permanent Resident of United States since May 2010, have been working in California for a while.

I got engaged in January 2013 to my wife and have been worried about the US Immigration Visa Procedure since!
Since I had been hearing about how tough it was for a spouse of LPR to get the Visa [time consuming?], I asked my fiancee to get a Tourist Visa, just in case, it took ages.

Her application got approved and she successfully got a B2 Visa to visit me [temporarily ofcourse! I visit my country every 6 months or so..]
This Visa was my insurance policy. Haha.

Anyways, I recently got married [August 2013] to my wife, and was finally hoping to file for her F2A Spouse Visa.

I was very happy to see the F2A Visa Bulletin for Sept/Aug show "Current" but the Visa Bulletin for December still shows "SEP 8 2013", meaning it hasn't moved a single day for three months now.

I am on the verge of filing a I-130 for her [with her new name, meaning the old passport/visa will be void]. Do you think I should go ahead with it?

What are my options?

I'd really appreciate an insight from everyone!
Thanks in advance.

[apple21 953]

File i130 ASAP.

[stickman 0]

File i130 ASAP.

Haha! Yes, that's the plan so far.

I'll be filing it this week, but someone advised me that I should call my wife over [using her tourist B2 Visa] and attempt to adjust status?

It feels wrong, so I'm hesitating a bit..

[apple21 953]

No. Using a B2 visa with the intent to adjust status is visa fraud.

Besides, F2A is no longer "current" so there's no way she will qualify to adjust status.

[stickman 0]

No. Using a B2 visa with the intent to adjust status is visa fraud.

Besides, F2A is no longer "current" so there's no way she will qualify to adjust status.

Yes, I figured. I'm glad I got a second opinion!

Also, my wife wants to use my name as her Family/Last Name from now on. However her Passport, ID, Marriage Certificate, etc all use her maiden name.

Do you think I could apply with the 'new name' and get everything else modified before her priority date comes?

Oh and thank you for the quick reply

[apple21 953]

Yes, she can use the married name now. That's what I did. We filed the i130 using my married name. I changed name on my passport too so by the time NVC asked for a passport copy, I already have a new passport.

[stickman 0]

Yes, she can use the married name now. That's what I did. We filed the i130 using my married name. I changed name on my passport too so by the time NVC asked for a passport copy, I already have a new passport.

Awesome! I think I'll apply for the Visa ASAP

Thank you for the quick response. Can't tell you how much I appreciate it!

[apple21 953]

Glad to help. Good luck and keep us posted.