So confused. Please help!

[pizark76 0]

Hello,

I really need your input on this.

Recently, I checked I-130 status and thankfully it was approved on 2/12/14.

My PD was 11/20/13 at CSC.

While I was reading to prepare for NVC, I got confused.

All the reading I have read said to wait till NVC assigns the case number and proceed for AOS and IV.

I do not recall about I-485.

As a permanent resident my self and my wife already in US, I thought I need to file I-485 some point.

Is it my misunderstanding or what?

Any comment will be greatly appreciated!

Thanks in advance

[apple21 953]

Your wife cannot adjust status because her priority date is not current.

She must leave and not overstay because overstays are not forgiven for relatives of LPRs.

She will undergo consular processing in her home country.

Edited February 12, 2014 by apple21

[pizark76 0]

Thanks for quick response!

My wife is here with J visa and the visa was waived already.

In my understanding with her visa waived, we thought we could adjust status.

Am I incorrect on this?

[apple21 953]

She can't because her priority date (PD) is not current.

Visa numbers are only available for those whose F2A PD is earlier than 08 SEP 2013. For Mexico, PD earlier than 15 APR 2012.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-march-2014.html

[pizark76 0]

Thanks, apple21.

I know about PD related stuff. You do not need to keep bringing that up.

I appreciate a repeated reminder.

My question was whether at some point I need to file I-485 or not.

If yes, when do I need to do that?

Do I need to do it after IV and AOS accepted?

[apple21 953]

Not.

[luisrx11 10]

I sometimes use YouTube for advices like this. Try it, to make sure when do you have to file I-485; I think I read Somewhere,something like you have to submit it to USCIS at this stage, before initianing anything with NVC, at NVC stage. I think this is what you are referring to.

[aaron2020 11,651]

Thanks, apple21.

I know about PD related stuff. You do not need to keep bringing that up.

I appreciate a repeated reminder.

My question was whether at some point I need to file I-485 or not.

If yes, when do I need to do that?

Do I need to do it after IV and AOS accepted?

No. You are confusing two different processes.

If you want to pursue an adjustment of status with an I-485, there is no IV.

Do you want your wife to adjust with an I-485 or go home for the IV?

You can only file the I-485 to pursue an adjustment of status. You can only file with a current PD.

You file the AOS with either the I-485 (for an adjustment) or the DS-260 (for an IV).