F2A Spouse I-130 2017 filers

[Akanksha 12]

1 hour ago, Jimmy The Tulip said:

Not sure what Service Center you are with, you might want to check the website to see where they are processing.

 

If you are at California, CSC, than you might be getting an approval/RFE soon, maybe another month or two at most.

Yes, it’s California service centre...hope so..waiting from long tym

[Akanksha 12]

On 2/21/2018 at 12:50 AM, Roseline said:

I think that's not the case, visa bulletin is now at 22nd March 2016 for final action date, so if the 2016 fillers in these months(March-Oct-2016) will get their interview date this yr, Also the processing time for CSC is at 4th Nov, 2016, meaning those that their case are current to file and pay for visa application(Visa bulletin:Dates for filling Family-Sponsored Visa Application) that haven't being approved will get approved soon, and it also means it won't take long for them to send u are welcome letter since the current date for visa application is 1st Mat, 2017, anyone in this category won't take a yr to receive WL when their NOA2 is approved. It all depends on the Visa bulletin and CSC processing time

My priority date is 21 November 2016

means this year there is no chance for getting interviewed this year😒waiting time is too much

[Tenreyro 174]

37 minutes ago, Akanksha said:

My priority date is 21 November 2016

means this year there is no chance for getting interviewed this year😒waiting time is too much

At the current rate is still not clear, but since a new fiscal year begins after October again, there is a chance that you can get an interview this year.

[Roseline 2]

59 minutes ago, Akanksha said:

My priority date is 21 November 2016

means this year there is no chance for getting interviewed this year😒waiting time is too much

No, I am sure u will get an interview around November or December this yr.. 2018

[Akanksha 12]

On 2/22/2018 at 6:59 PM, Akanksha said:

 

Hope so eagerly waiting from long time...quite difficult to wait 

 

10 hours ago, Roseline said:

No, I am sure u will get an interview around November or December this yr.. 2018

Thankyou for replying sir...happy to hear this 

[QAF2A 27]

Hi all, 

If anybody could answer this I will be grateful.

Has anybody seen the March 2018 bulletin? 

 

My husband is a LPR and petitioning for me. Our PD is on Feb 2017. And since USCIS has decided to use dates for filing chart in March 2018, we are wondering if we could file I485 package(with I765 and I131 and such). We have not yet recieved the I130 approval.

 

I'm currently working in the US legally. We are really confused on if we could file I 485 and have it pending.  We called USCIS multiple times an each time we got a different answer. People on the other side of the line sound like they have no knowledge of the chart B. But everyone in this forum seems to be more knowledgable than them..

 

We did see that on the visa bulletin site there's such lines "Applicants for immigrant visas who have a priority date earlier than the application 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. "

 

Is F2A category considered a visa? In our case, do we need to wait for NOA2 from NVC to file our I485 package? 

 

Thanks in advance everybody!

[Tenreyro 174]

20 minutes ago, QAF2A said:

Hi all, 

If anybody could answer this I will be grateful.

Has anybody seen the March 2018 bulletin? 

 

My husband is a LPR and petitioning for me. Our PD is on Feb 2017. And since USCIS has decided to use dates for filing chart in March 2018, we are wondering if we could file I485 package(with I765 and I131 and such). We have not yet recieved the I130 approval.

 

I'm currently working in the US legally. We are really confused on if we could file I 485 and have it pending.  We called USCIS multiple times an each time we got a different answer. People on the other side of the line sound like they have no knowledge of the chart B. But everyone in this forum seems to be more knowledgable than them..

 

We did see that on the visa bulletin site there's such lines "Applicants for immigrant visas who have a priority date earlier than the application 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. "

 

Is F2A category considered a visa? In our case, do we need to wait for NOA2 from NVC to file our I485 package? 

 

Thanks in advance everybody!

This is not a legal advice, but technically you can file I-485 with I-130 pending.

 

If you carefully read their manual, you can find that to be possible according to USCIS: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter3.html#footnotelink-3

 

The issue is that "Visa Immediately available" is a new concept at the immigration sphere, and people seem to assume that it is Final Action Dates, and indeed it is, unless USCIS says otherwise, as they said for Chart B to be used in March.

Edited February 27, 2018 by Tenreyro

[thepanda 87]

11 hours ago, QAF2A said:

Hi all, 

If anybody could answer this I will be grateful.

Has anybody seen the March 2018 bulletin? 

 

My husband is a LPR and petitioning for me. Our PD is on Feb 2017. And since USCIS has decided to use dates for filing chart in March 2018, we are wondering if we could file I485 package(with I765 and I131 and such). We have not yet recieved the I130 approval.

 

I'm currently working in the US legally. We are really confused on if we could file I 485 and have it pending.  We called USCIS multiple times an each time we got a different answer. People on the other side of the line sound like they have no knowledge of the chart B. But everyone in this forum seems to be more knowledgable than them..

 

We did see that on the visa bulletin site there's such lines "Applicants for immigrant visas who have a priority date earlier than the application 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. "

 

Is F2A category considered a visa? In our case, do we need to wait for NOA2 from NVC to file our I485 package? 

 

Thanks in advance everybody!

 

"In general, adjustment applicants must use the Application Final Action Dates chart to determine whether a visa is available. However, if USCIS determines there are immigrant visas available for the filing of additional adjustment applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. ^[12] USCIS and DOS provide information on which chart should be used in a particular month on the USCIS website and DOS Visa Bulletin. "  

 

BUT 

 

In general, the beneficiary of an immigrant visa petition may file for adjustment of status only after USCIS has approved the petition and a visa is available. In certain instances, the beneficiary may file an adjustment application together or concurrently with the underlying immigrant petition.

 

Concurrent filing of the adjustment application is possible only where approval of the underlying immigrant petition would make a visa number immediately available. Concurrent filing of the adjustment application is permitted in the following immigrant categories:

•Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

•Violence Against Women Act (VAWA) self-petitioner;

•Employment-based immigrants in the 1st, 2nd, or 3rd preference categories;

•Special immigrant Amerasians;

•Special immigrant juveniles;

•G-4 international organization employees, NATO-6 employees, and certain family members; and

•Certain members of the U.S. armed forces. 

 

Our case is not listed in the list above. We have to wait..

Edited February 28, 2018 by thepanda

[QAF2A 27]

14 hours ago, Tenreyro said:

This is not a legal advice, but technically you can file I-485 with I-130 pending.

 

If you carefully read their manual, you can find that to be possible according to USCIS: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter3.html#footnotelink-3

 

The issue is that "Visa Immediately available" is a new concept at the immigration sphere, and people seem to assume that it is Final Action Dates, and indeed it is, unless USCIS says otherwise, as they said for Chart B to be used in March.

You mentioned some very inspiring things. I read the visa bulletin passages again and again and agree that we can file for I485. Because our cases are not going through NVC yet, as we are not waiting for a visa.

[QAF2A 27]

The thing is, we are not filing for "Concurrent filing of the adjustment application". We are just filing for AOS.

 

Based on this paragraph on the VB, I think we can file. I will try at the beginning of March and see how it goes. I was struggling with this decision for a while and I cannot bear the thought of not trying. 

 

If they themselves didin't study the rules well, maybe they will send my package back. Hope my petition does not get affected!

 

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

Spoiler

 

3 hours ago, thepanda said:

 

 

"In general, adjustment applicants must use the Application Final Action Dates chart to determine whether a visa is available. However, if USCIS determines there are immigrant visas available for the filing of additional adjustment applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. ^[12] USCIS and DOS provide information on which chart should be used in a particular month on the USCIS website and DOS Visa Bulletin. "  

 

BUT 

 

In general, the beneficiary of an immigrant visa petition may file for adjustment of status only after USCIS has approved the petition and a visa is available. In certain instances, the beneficiary may file an adjustment application together or concurrently with the underlying immigrant petition.

 

Concurrent filing of the adjustment application is possible only where approval of the underlying immigrant petition would make a visa number immediately available. Concurrent filing of the adjustment application is permitted in the following immigrant categories:

•Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

•Violence Against Women Act (VAWA) self-petitioner;

•Employment-based immigrants in the 1st, 2nd, or 3rd preference categories;

•Special immigrant Amerasians;

•Special immigrant juveniles;

•G-4 international organization employees, NATO-6 employees, and certain family members; and

•Certain members of the U.S. armed forces. 

 

Our case is not listed in the list above. We have to wait..

 

Edited February 28, 2018 by QAF2A

[Tenreyro 174]

7 hours ago, QAF2A said:

The thing is, we are not filing for "Concurrent filing of the adjustment application". We are just filing for AOS.

 

Based on this paragraph on the VB, I think we can file. I will try at the beginning of March and see how it goes. I was struggling with this decision for a while and I cannot bear the thought of not trying. 

 

If they themselves didin't study the rules well, maybe they will send my package back. Hope my petition does not get affected!

 

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

  Reveal hidden contents

 

 

Yes @QAF2A, we are filing concurrently if the I-130 is not approved, it doesn't matter that it wasn't sent at the same time.

 

However, what @thepanda posted indeed outlines is true, only those categories are authorized to apply, including family based immigrants, which we are.

 

But that is where thepanda is also wrong, because it doesn't say family based immigrants related to US Citizens, neither does it excludes preferences, such as it does in the Employment Based categories, it just points out relatives of US Citizens, saying "including", and that's logical, since those petitioners are not mentioned on the Visa Bulletin on the table for Family Based, because they don't need PD, but someone reading 'Family Based' as a relative of a US Citizen, can think they are excluded if the "including" section wasn't added.

 

At least personally, as the spouse of a LPR with a date current on Chart B, I believe that I can apply.

 

11 hours ago, thepanda said:

Concurrent filing of the adjustment application is permitted in the following immigrant categories:

•Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

 

Our case is not listed in the list above. We have to wait..

 

Edited February 28, 2018 by Tenreyro

[QAF2A 27]

2 hours ago, Tenreyro said:

Yes @QAF2A, we are filing concurrently if the I-130 is not approved, it doesn't matter that it wasn't sent at the same time.

 

However, what @thepanda posted indeed outlines is true, only those categories are authorized to apply, including family based immigrants, which we are.

 

But that is where thepanda is also wrong, because it doesn't say family based immigrants related to US Citizens, neither does it excludes preferences, such as it does in the Employment Based categories, it just points out relatives of US Citizens, saying "including", and that's logical, since those petitioners are not mentioned on the Visa Bulletin on the table for Family Based, because they don't need PD, but someone reading 'Family Based' as a relative of a US Citizen, can think they are excluded if the "including" section wasn't added.

 

At least personally, as the spouse of a LPR with a date current on Chart B, I believe that I can apply.

 

 

You guys are very right! We are doing a concurrent filing. And USCIS has decided to use the Date for Filing chart because they see that there are immigrant visas available and we can apply. Good catch on the "family based immigrants" part.

 

Now it comes to writing the nature of submission. We should make it so clear and logical that even we somehow got a new officer on his first day looking at this petition, we can show him that we are eligible. Since their rules regarding our situation are written so unclearly.

 

This is how I put in the cover letter. My purpose is to make it easy using the facts, and since this is a less common situation, I am including a lot of facts.. How would you write it?@tenreyro

And yes I added footnotes. I'm also trying to decide whether I should print out the bulletin boards and the USCIS page and the page of the policy manual.

 

Subject:  Filing of Forms I-485, I-765, and I-131 due to USCIS’s decision to use Visa Bulletin “Dates for Filing” chart in March 2018

 

Nature of the submission: Adjustment of Status according to USCIS policy manual, volume 7, part A, Chapter 3, B,4, last paragraph. We have filed I-130 with a priority date of 01FEB17. Now in March 2018 Visa Bulletin, the chart “Dates for filing” cut-off date for F2A category is 01MAY17, and USCIS’s Adjustment of Status filing chart page[1] has decided to use this “Dates for Filing” Chart in March, 2018. Our priority date is before the cut-off date. Thus we would like to apply for adjustment of status with I-485 Application to Register Permanent Residence or Adjust of Status.

 

 

---

[1] Adjustment of status filing chart from the visa bulletin. https://www.uscis.gov/visabulletininfo

 

[Tenreyro 174]

1 hour ago, QAF2A said:

You guys are very right! We are doing a concurrent filing. And USCIS has decided to use the Date for Filing chart because they see that there are immigrant visas available and we can apply. Good catch on the "family based immigrants" part.

 

Now it comes to writing the nature of submission. We should make it so clear and logical that even we somehow got a new officer on his first day looking at this petition, we can show him that we are eligible. Since their rules regarding our situation are written so unclearly.

 

This is how I put in the cover letter. My purpose is to make it easy using the facts, and since this is a less common situation, I am including a lot of facts.. How would you write it?@tenreyro

And yes I added footnotes. I'm also trying to decide whether I should print out the bulletin boards and the USCIS page and the page of the policy manual.

 

Subject:  Filing of Forms I-485, I-765, and I-131 due to USCIS’s decision to use Visa Bulletin “Dates for Filing” chart in March 2018

 

Nature of the submission: Adjustment of Status according to USCIS policy manual, volume 7, part A, Chapter 3, B,4, last paragraph. We have filed I-130 with a priority date of 01FEB17. Now in March 2018 Visa Bulletin, the chart “Dates for filing” cut-off date for F2A category is 01MAY17, and USCIS’s Adjustment of Status filing chart page[1] has decided to use this “Dates for Filing” Chart in March, 2018. Our priority date is before the cut-off date. Thus we would like to apply for adjustment of status with I-485 Application to Register Permanent Residence or Adjust of Status.

 

 

---

[1] Adjustment of status filing chart from the visa bulletin. https://www.uscis.gov/visabulletininfo

 

Yes, it is important that they file it on the first time we send it, to avoid complications and time loss.

 

But also we should be careful it does not backfire.

 

"My initial cover letter said: Nature of the submission: I-485 Application to Register Permanent Residence or Adjust Status, accompanied by Forms I-131 and I-765.

 

My eligibility is based on the family-based based category as the spouse of XXX, Legal Permanent Resident, and petitioner of a I-130 on filed on December 19^th, 2016."

 

Now I feel it is too weak.

 

Also, I complicated myself too much bringing in the Policy Manual. The I-485 instructions state: 

 

"If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may file your Form I-485 only after your Form I-130 is approved and a visa is immediately available"

 

Since it is becoming more of a AOS issue than a I-130 (as is the name of the thread), we can continue this conversation here: 

 

 

Edited February 28, 2018 by Tenreyro

[QAF2A 27]

25 minutes ago, Tenreyro said:

Yes, it is important that they file it on the first time we send it, to avoid complications and time loss.

 

But also we should be careful it does not backfire.

 

"My initial cover letter said: Nature of the submission: I-485 Application to Register Permanent Residence or Adjust Status, accompanied by Forms I-131 and I-765.

 

My eligibility is based on the family-based based category as the spouse of XXX, Legal Permanent Resident, and petitioner of a I-130 on filed on December 19^th, 2016."

 

Now I feel it is too weak.

 

Also, I complicated myself too much bringing in the Policy Manual. The I-485 instructions state: 

 

"If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may file your Form I-485 only after your Form I-130 is approved and a visa is immediately available"

 

Since it is becoming more of a AOS issue than a I-130 (as is the name of the thread), we can continue this conversation here: 

 

 

Good point. I guess I-485 instructions made it clear that we are eligible to file.

 

And as for the "nature of submission" issue, I think we do need to state our eligibility more clear, to make sure there's as little confusion as possible. We'll continue the discussion. 

[Akanksha 12]

15 minutes ago, QAF2A said:

Good point. I guess I-485 instructions made it clear that we are eligible to file.

 

And as for the "nature of submission" issue, I think we do need to state our eligibility more clear, to make sure there's as little confusion as possible. We'll continue the discussion. 

What is i485? Do f2a fillers need to fill?? And when? My i130 is not yet approved ...do I need to fill i485?