My date is current in the table "dates for filing family-sponsored visa applications"

[Juliak 3]

Hi everyone!

So the visa bulletin for June 2016 has just been posted and my priority date 21 September 2015 in category F2A is current in the second table "dates for filing family-sponsored visa applications". Does it mean I can send the I-485 packet in June? Do I have to wait for some document from NVC first and then send the I-485? Can someone explain me how it works, please?

Also, my dad applied for me but he is in Poland, can it be a problem and he should be here when they will be reviewing my documents?

If I send documents for adjustment of status now, will they mail me my green card as soon as my priority date is current in the first table "application final action dates"?

Julia

[Hypnos 6,578]

Yes, that's exactly what it means.

You can submit an I-485, together with an I-765 (for an EAD) and an I-131 (for AP) and can continue to renew those documents until your priority date actually becomes current and you're scheduled for an interview.

You don't need to notify the NVC of what you're doing. Presumably your father is only in Poland temporarily and will be returning to his permanent residence in the US at some point, since these visas are for the purpose of family reunification, and so you cannot receive a visa with him not being domiciled in the US.

On what visa did you enter, and when? Have you remained in status the entire time to now?

[arken 4,197]

You should follow USCIS visa bulletin (USCIS might not necessarily use NVC's new filing dates) to determine if you can file for AOS package.

www.uscis.gov/visabulletininfo

Edited May 6, 2016 by arken

[Juliak 3]

Yes, that's exactly what it means.

You can submit an I-485, together with an I-765 (for an EAD) and an I-131 (for AP) and can continue to renew those documents until your priority date actually becomes current and you're scheduled for an interview.

You don't need to notify the NVC of what you're doing. Presumably your father is only in Poland temporarily and will be returning to his permanent residence in the US at some point, since these visas are for the purpose of family reunification, and so you cannot receive a visa with him not being domiciled in the US.

On what visa did you enter, and when? Have you remained in status the entire time to now?

My dad is coming probably in October and then he's planning to stay till I get a green card. Is it fine or should he come when I will be sending an AOS package?

I entered August 5th 2015 on F1 student visa and I go to college so I am legally here all the time.

So you're saying I can send documents next month without waiting for any notification/list from UCICS/NVC?

Edited May 6, 2016 by Juliak

[Juliak 3]

You should follow USCIS visa bulletin (USCIS might not necessarily use NVC's new filing dates) to determine if you can file for AOS package.

www.uscis.gov/visabulletininfo

Yeah but on this website there are only 2 tables with final action dates, there is no table with document filling dates

[Hypnos 6,578]

He needs to complete an I-864 as part of your I-485 package, so will need to provide some kind of proof of his US domicile (or intention to resume it) with that form.

And yes, you can file these documents without anything else being needed. Simply enclose a copy of your I-130 NOA showing that your F2A petition is permitted under "dates for filing".

(Edit) I guess you now have to wait for USCIS to decide what dates they will use. The above linked page says they usually post their dates shortly after DoS publishes the visa bulletin, so keep checking.

Edited May 6, 2016 by Hypnos

[Juliak 3]

oh no so I have to wait for him till he comes in October

Do you mean the copy of approval form ?

yes but on this website there is no table with "dates for filing family sponsored visa application"

[Hypnos 6,578]

It seems USCIS now take the visa bulletin, sprinkle their secret sauce over it, and then decide which of the tables they will use (application final vs date for filing) in a particular month.

For family-based, in April they used "date for filing", but in May they used "application final". You'll have to wait until they publish their June bulletin on that page in a few days to see which they choose to use.

And yes, you'd submit a copy of the I-130 approval NOA with the I-485 package.

[arken 4,197]

If the cut off date on the uscis visa bulletin table is not earlier than your priority date, you can't file i485

Edited May 6, 2016 by arken

[newacct 688]

Yeah but on this website there are only 2 tables with final action dates, there is no table with document filling dates

Each month, USCIS chooses whether to use the "final action date" or "date for filing" from the State Department's visa bulletin as the cutoff date to determine whether you can file AOS. Neither of State Department's visa bulletin tables matter by themselves for AOS; it's the USCIS's choice of which table to use that matters for AOS. USCIS will post only the table they decide to use (that's why there is only one table per month) on the link above.

For example, for April 2016, USCIS decided that for family-based categories, they would use "date for filing", and for employment-based categories, they would use "final action date". However, for May 2016, USCIS decided to use "final action date" for both family-based and employment-based categories. (Yes, this meant that some people in family-based categories who were eligible to file AOS in April 2016 could not file if they waited to file until May, because "final action dates" are further back than "date for filing".)

USCIS hasn't released which table they would use for June 2016 yet.

Edited May 6, 2016 by newacct

[NigeriaorBust 4,087]

Has your father maintained his residence in the US ? ( filed taxes and such ? )

[Juliak 3]

That's so stupid, they should use both tables - you send AOS package according to table with filing dates and then they mail you a green card on in the month your priority date is current in final dates table

[Juliak 3]

Has your father maintained his residence in the US ? ( filed taxes and such ? )

He got his green card in september 2015, applied for me and he stayed here till the end of November and again he's coming in October and is staying at least 6 months to keep the green card.

He hasn't filled taxes because he's already retired and he doesn't work when he comes to the US

[kaylaKo 5]

@JuliaK We are on the same boat. I'm on F2A August2015 as priority date. I'm waiting in vain for USCIS to display the tables. Hopefully, it's the date for filing. With this process of displaying two types of tables, it makes things confusing and gives you false hopes.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from student visa~