October visa bulletin released

[vkrishn 97]

EAD can take 2months. Sometimes it does not make sense to apply Adj of status as Consular processing is much better. This change in policy is a gimmick to get more money by attracting Adj of status application fees and EAD fees. I just hope that whatever it is we should see some hope and get this process done faster. I don't understand why they distinguish spouse of Green card holder versus US citizen.

I was in the same boat and was asking these questions to the lawmakers in 2013 and luckily Visa bulletin was on my side that i was able to bring my wife to U.S on F2A in 6 months from India(Stars all lined up extremely well) . Yes i did visit them in the Bay area (Visited offices of 4 congressman and 2 senators) and while every one nodded their head that it wasn't right to not consider spouse of GC holder as immediate relatives, no one stepped forward to put forth any bill.

There was a bill by Mike honda called Reuniting families act in 2012 or so that considered spouse of GC holder as immediate relatives and did not get very far.

CIR bill that passed the senate and wasn't taken up at house had the same provision where they considered spouse of GC holder as immediate relative.

Bottomline, spouse of GC holder isn't a majority and not an issue lawmakers can fight for. Its not an issue where even Immigration groups will fight for. Anyway the GC holder and spouse of GC holder are screwed.

[Pragati Soni 4]

Thanks Hypnos, liborutgers12, vkrishn. I will try and schedule a visit to USCIS office to know more. Hopefully they will be able to advise me and not misguide and confuse more !

Also I wanted to ask USCIS if my wife can retain her maiden name after the marriage as her passport bears that name. Apparently to change the name after marriage my wife needs to apply at Indian passport office in India. The embassy here may not entertain my request.

My application for I130 for her was her name after marriage. However I can submit the USCIS the affidavit that the name before and after marriage refers to same person.

Edited September 10, 2015 by Pragati Soni

[Chejemmie 7]

Sure. I'm glad that I could discuss with someone along this journey.

Keep me posted as well. I am in the same boat here. Transferred 8/27 awaiting NOA2. PD 12/31/14.

[Pragati Soni 4]

Chejemmie keep us posted. my PD Dec 30 2014. Pondering whether to file for AOS or do consular processing as my wife is in the US and USCIS told me we are eligible to AOS for her on 1st Oct.

[Chejemmie 7]

Hi,

Starting on October 1, 2015, your wife can file to adjust status because she is legally in the U.S. and her PD without being current allows her to apply to adjust. She can apply for EAD and AP while waiting for her PD to become current so she can adjust for a green card. Once she has the EAD, she can work. Once she has the AP, she can leave the U.S. And come back to finish her adjustment.

This is fantastic news for you and your wife.

Best of luck

Thank you for clarifying this for me as well. 2 more questions: my PD date is January 5, 2015 but I have not received an approval notice(NOA2). Do I qualify to apply for EAD and AP in October.

Q2: do I need to include police certificate from my home country with the AOS application (this is the most difficult to get my hands on as we recently had a hurricane causing major damage)

[alefonck 16]

Thank you for clarifying this for me as well. 2 more questions: my PD date is January 5, 2015 but I have not received an approval notice(NOA2). Do I qualify to apply for EAD and AP in October.

Q2: do I need to include police certificate from my home country with the AOS application (this is the most difficult to get my hands on as we recently had a hurricane causing major damage)

As far as I know you don't need to submit police certificate when applying for adjustment of status.

[Asianica 1]

Im a bit confused, does this mean that with the new update is only appplicable to those who are currently in the USA?

My PD is Jan 2015 (F2A) and residing in the Philippines, does this mean I should submit an adjustment of status on Oct 1 2015?

Hello. It is applicable also even you are in the Pi. Yes you can file on OCt1-31.

[Hypnos 6,578]

It is applicable also even you are in the Pi. Yes you can file on OCt1-31

You are mistaken. Only people in the US can file an I-485, so someone currently in the Philippines would not be able to file.