Can we file AOS wife has tourist visa and pending I130

[Pragati Soni 4]

Hello All

We got married in Dec 2014 and I filed for my wife i130 with a Pd of Dec30 2014. My case was transferred to California from Vermont on Aug 27th 2015.

My wife came to the US on visitor visa from April 2015 (allowed to remain till Oct 2015 stamped on passport) and we went for our honeymoon overseas (Europe) in May 2015 and she again entered with me (returning from our honeymoon trip) and was allowed to remain till Nov 2015.

I am a US green card holder and I was reading this new visa bulletin rules of Oct 2015.

Can someone please advise if we can apply for AOS ? Initially in i130 I had mentioned consular processing.

Thanks for your assistance

Re

Anand

[NancyNguyen 1,658]

You are green card holder, she needs to leave and wait until her priority date comes. No shortcut.

[aaron2020 11,651]

Hello All

We got married in Dec 2014 and I filed for my wife i130 with a Pd of Dec30 2014. My case was transferred to California from Vermont on Aug 27th 2015.

My wife came to the US on visitor visa from April 2015 (allowed to remain till Oct 2015 stamped on passport) and we went for our honeymoon overseas (Europe) in May 2015 and she again entered with me (returning from our honeymoon trip) and was allowed to remain till Nov 2015.

I am a US green card holder and I was reading this new visa bulletin rules of Oct 2015.

Can someone please advise if we can apply for AOS ? Initially in i130 I had mentioned consular processing.

Thanks for your assistance

Re

Anand

Hi,

Under the new rules announced in the October 2015 Visa Bulletin, your wife may file to adjust status even though her PD is not current for a green card or immigrant visa. Her PD does allow her under the Filing Table to file to adjust her status and be eligible for AP and EAD until a final determination is made when her PD becomes current.

Best of luck

[Hypnos 6,578]

OP's wife can file an I-485 between 1st October-31st October (maybe afterwards also depending on November's visa bulletin).

They will be considered to be in status until the I-485 is adjudicated, which cannot happen before their priority date becomes current. They will also be eligible to apply for secondary benefits (AP/EAD) based on the I-485 whilst it remains pending.

[newacct 688]

Eligibility for Adjustment of Status is based on the time of filing (i.e. time the application is received by USCIS). Once someone files Adjustment for Status, whether they are in status is irrelevant. This is true for all categories. This has always been the case. There is nothing "new" here.

The only thing that is different about Immediate Relatives is that they do not need to be in status at the time of filing, whereas for other categories, they need to be in status at the time of filing. The distinction is irrelevant for this question since the OP's wife is currently in status and will be in status in October.

The only thing different starting this October is that the date for which visas are considered to be available for the purposes of filing Adjustment of Status are much sooner now, because there is now a separate Date for Filing which is much sooner than the Final Action Date, whereas before there was just one date. This is not a change to the qualifications for filing Adjustment of Status; instead just a change to the dates.

Edited September 16, 2015 by newacct

[Ryan H 3,834]

~~~Closed for review~~~

***Thread back open, several posts that were discussing the merits of policy removed, such discussion belongs in a thread by itself as discussing it in this thread only detracts from providing answers to the OP's question. Additionally, several posts violating the TOS (abusive language) removed. Administrative Action taken.***

Edited September 16, 2015 by Ryan H

[Pragati Soni 4]

^{Hello Ryan H,}

^{Can you please advise to the question in my post. You have deleted several posts as a admin. You included 2 posts from some one called as OP which are not relevant to my question.}

^{Pls advise.}

^Thanks

^Anand

[Ryan H 3,834]

^{Hello Ryan H,}

^{Can you please advise to the question in my post. You have deleted several posts as a admin. You included 2 posts from some one called as OP which are not relevant to my question.}

^{Pls advise.}

^Thanks

^Anand

OP = Original Poster, the person who starts a thread (for this thread, that would be you)

Other posters provided you answers to your questions, I have nothing to add.

Lastly, I'm a Moderator, not an Administrator.

[Pragati Soni 4]

Thanks ryan

[Pragati Soni 4]

Hi all

I called USCIS now and they said to visit the field office near my residence with all paperwork and to file for AOS for my wife. I will keep you posted.

Thanks

Anand

[Hypnos 6,578]

Their advice is incorrect; you cannot file for AoS in-person at a USCIS office, but must file by mail to the Chicago Lockbox.