Anyone who recently applied for F2A- AOS from a tourist visa?

[Pragati Soni 4]

Hi Can someone please keep me posted if they are going to do /have done the AOS (F2a petition) filing from a tourist visa recently.

My i130 is approved on sep 28th 2015 and PD is 30th Dec 2014. I am pondering if I can apply for adjust status of my wife F2a case here in the US. Wife is currently in the US on visitor visa and is allowed to remain until 22nd Nov after which she goes back to India.

Not sure even after we apply i485 Aos paperwork will she be allowed to remain until the decision from uscis or will she need to go back to India on 22nd Nov even after the filing of i485 while its pending?

Thanks

Anand

[Hypnos 6,576]

Under the new visa bulletin system your wife can file an I-485 (together with an I-131 and I-765) from 1st October, and it should be around four months until her priority date becomes current.

Once the I-485 is filed and accepted by USCIS she is allowed to stay in the US until the application is adjudicated (and indeed, must stay).

[Pragati Soni 4]

_{Thanks Hypnos. Reading the visa bulletin it says send only I485 when you get intimation from NVC if we want to adjust the status. So not sure if I have to wait to send till we hear from NVC.}

[travistrle 0]

I have the same situation as yours. I'm not sure whether or not I should fill I-485. I asked one attorney, but he told me that I shouldn't do that since the tourist visa doesn't allow the applicant to come to US with dual intent.

My wife's I-94 will be expired on February 4th.

[Hypnos 6,576]

_{Reading the visa bulletin it says send only I485 when you get intimation from NVC if we want to adjust the status.}

Can you show me where it says this? The only thing you have to wait for is your priority date to be current - that's it. You don't need anything from the NVC to file.

I asked one attorney, but he told me that I shouldn't do that since the tourist visa doesn't allow the applicant to come to US with dual intent.

If your wife is already in the US then intent is not an issue (it is judged at the border when entry is attempted).

[Pragati Soni 4]

Can you show me where it says this? The only thing you have to wait for is your priority date to be current - that's it. You don't need anything from the NVC to file.

If your wife is already in the US then intent is not an issue (it is judged at the border when entry is attempted).

Hi Hypnos, please read the table B from visa bulletin especially for people who can AOS in the US:

B. DATES FOR FILING FAMILY-SPONSORED

VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visit www.USCIS.gov/visabulletininfo for additional information.

[Hypnos 6,576]

Ah, you are confusing the immigrant visa process with the AoS process.

The part you quoted means that those cases with current dates can proceed with their immigrant visa process, if they are still outside the US and have been contacted by the NVC. For someone already in the US in a legal status, they can file for AoS with USCIS if they so wish.

[travistrle 0]

Under the new visa bulletin system your wife can file an I-485 (together with an I-131 and I-765) from 1st October, and it should be around four months until her priority date becomes current.

Once the I-485 is filed and accepted by USCIS she is allowed to stay in the US until the application is adjudicated (and indeed, must stay).

Once the I-485 is accepted by USCIS, will I receive some notification or EAD card? As you said, my wife can stay inside the US even her I-94 is expired, right?

Usually, how long does it take to get a notification from USCIS that my I-485 is accepted?

[Hypnos 6,576]

You will receive paper NOAs in the mail (receipts) for all the applications you file (so one for I-485, one for I-765, one for I-131). The I-485 will be the one you should keep close at hand, since that will show your wife has an adjustment of status application pending.

It can take up to thirty days to receive the receipts from USCIS from the time you mail the applications out.

[travistrle 0]

You will receive paper NOAs in the mail (receipts) for all the applications you file (so one for I-485, one for I-765, one for I-131). The I-485 will be the one you should keep close at hand, since that will show your wife has an adjustment of status application pending.

It can take up to thirty days to receive the receipts from USCIS from the time you mail the applications out.

Pending status means that USCIS is processing our case, it doesn't mean that they accept our case, does it? Anyway, I really appreciate your helpful information.

[Hypnos 6,576]

Pending means that your case has been accepted for processing by USCIS, and is in the queue for adjudication.

[Pragati Soni 4]

Ah, you are confusing the immigrant visa process with the AoS process.

The part you quoted means that those cases with current dates can proceed with their immigrant visa process, if they are still outside the US and have been contacted by the NVC. For someone already in the US in a legal status, they can file for AoS with USCIS if they so wish.

I was reading rules on I485 and also been reading on other legal forums where it specifically states that for applying for AOS from tourist visa or VWP under family preference one has to be a spouse of US citiz. This also corroborates to what the uscis phone agent told me few weeks back. Now planning to directly go to USCIS field office to find out if its possible for spouse of GC holders to AOS from visitor visa

[travistrle 0]

I was reading rules on I485 and also been reading on other legal forums where it specifically states that for applying for AOS from tourist visa or VWP under family preference one has to be a spouse of US citiz. This also corroborates to what the uscis phone agent told me few weeks back. Now planning to directly go to USCIS field office to find out if its possible for spouse of GC holders to AOS from visitor visa

I'm waiting for your good new. Something is unclear in here. For example, if a man/woman gets married with an US citizen, he/she can apply I-485 since his/her visa is always available. In contrast, our case's visa number is not available right away. Basically, the second table just tells us that we can go ahead and apply I-485, it doesn't guarantee that the number of visa is available for us. So, I'm not sure whether or not the USCIS will accept our application. At some points, I guess this is a way that USCIS can earn more money since we have to pay $1000 for applying I-485.

Edited October 2, 2015 by travistrle

[Pragati Soni 4]

I'm waiting for your good new. Something is unclear in here. For example, if a man/woman gets married with an US citizen, he/she can apply I-485 since his/her visa is always available. In contrast, our case's visa number is not available right away. Basically, the second table just tells us that we can go ahead and apply I-485, it doesn't guarantee that the number of visa is available for us. So, I'm not sure whether or not the USCIS will accept our application. At some points, I guess this is a way that USCIS can earn more money since we have to pay $1000 for applying I-485.

1) That's right.I want to hear from horses mouth if we are E L I G I B L E to even send the paperwork.

2) Whether you want to apply for consular post for GC or AOS here you will have to pay the fees irrespective.

3) AOS will be activated when the PD is current. But what is helpful for us is, there's no separation with spouse and they can earn/learn while on EAD/AP.

4) Whether we are eligible to even initiate the process is the question here..forget about approval or non approval. Fees will not be refunded if we try to initiate and are told we are not eligible to AOS as a visitor visa of a GC holder spouse is not allowed unlike US Citz spouse who can overstay the visa/work without approval and are still able to adjust.

Fees:1. $1075 i485+i765+i131

2. +$250-500 i693 medical check up

3. +$60 FedEx courier

we are talking about $1500-1700 costs upfront in all the application package.

Hope the suffering ends soon.

Edited October 2, 2015 by Pragati Soni

[Hypnos 6,576]

Some confusion here.

First, USCIS cannot and will not give you legal advice. You should consult with an experienced immigration attorney to do that.

Second, it is the case that a visa number is always available for immediate relatives of a US citizen (spouse, minor child, parent of a child over 21, or widow/er). For those under the Family Preference categories (F1/F2A/F2B/F3/F4) then it was the case that in order to file an I-485 you must have had an already-approved I-130 for which the priority date was current, and you must have always been in status.

October is the first month of the new system whereby your previously-filed I-130 does not necessarily have to have been approved in order for you to file the I-485. Using the second Family Preference table in October's visa bulletin (marked "Dates For Filing") someone with a family preference case can now file before their priority date becomes current, if your priority date is dated on or before the date in this second chart. At the same time you file the I-485 you can also file an I-131 for Advance Parole, and an I-765 for employment authorisation. These have no fee, and can be renewed as many times (again, for free) as is necessary until USCIS adjudicates your I-485, which cannot be before your priority date becomes current. You must still have maintained a valid nonimmigrant status (F-1, B-2, etc.) during your entire stay in the US until your I-485 is accepted by USCIS, because you are not an immediate relative.

After filing the I-485 the alien is considered to be in a period of authorised stay which will persist until their I-485 is finally adjudicated. This means that it does not matter if their I-94 expires after their I-485 has already been accepted for processing by USCIS.

You should not submit an I-693 medical with any AoS packet filed this way. The reason being they are only valid for a year from the date you submit them to USCIS, and most likely you are going to be waiting around that time, first for your priority date to become current, then for an interview slot at your local office. During that time your medical may expire, and you'd need to have another one performed, meaning the first one was essentially useless. It's much better to wait until you have an interview date, then get a medical completed beforehand and take it to hand-deliver to the officer at your interview.

Edited October 2, 2015 by Hypnos