LPR w pending I-130, wife is in US on LEGAL status

[MonMcG 0]

I am a LPR. I filed an I-130 for my wife, who is here in the United States on an F1 visa until December 2019. Her PD is 9/14/17.     She is China - mainland born.

 

When I check the visa bulletin I was told that since she is in the US I would go by the "A" chart, so according to the April 2018 bulletin the priority dates they are processing 5/1/16 and earlier.

Then, I found a page on the USCIS page (uscis.gov/visabulletininfo) that states  "If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.   For Family-Sponsored Filings: You must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2018."

 

Does this mean that I can actually use the "B" chart?  If so the priority date for that chart is 9/22/17, which would mean she would be able to file AOS now.  Please help and thank you.

 

[talad 25]

1 hour ago, MonMcG said:

I am a LPR. I filed an I-130 for my wife, who is here in the United States on an F1 visa until December 2019. Her PD is 9/14/17.     She is China - mainland born.

 

When I check the visa bulletin I was told that since she is in the US I would go by the "A" chart, so according to the April 2018 bulletin the priority dates they are processing 5/1/16 and earlier.

Then, I found a page on the USCIS page (uscis.gov/visabulletininfo) that states  "If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.   For Family-Sponsored Filings: You must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2018."

 

Does this mean that I can actually use the "B" chart?  If so the priority date for that chart is 9/22/17, which would mean she would be able to file AOS now.  Please help and thank you.

 

Yes, you can use the B chart and file for AOS now even with pending I-130. I would hurry and file by April 15-20 at the latest since it seems like it takes 10-15 days for USCIS to receive AOS applications.

 

I am in a similar situation, and so are many others. I recommend you join this forum:

 

Good luck!

[Tenreyro 174]

6 hours ago, MonMcG said:

I am a LPR. I filed an I-130 for my wife, who is here in the United States on an F1 visa until December 2019. Her PD is 9/14/17.     She is China - mainland born.

 

When I check the visa bulletin I was told that since she is in the US I would go by the "A" chart, so according to the April 2018 bulletin the priority dates they are processing 5/1/16 and earlier.

Then, I found a page on the USCIS page (uscis.gov/visabulletininfo) that states  "If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.   For Family-Sponsored Filings: You must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2018."

 

Does this mean that I can actually use the "B" chart?  If so the priority date for that chart is 9/22/17, which would mean she would be able to file AOS now.  Please help and thank you.

 

This was a topic we have discussed before in the forum with @QAF2A @thepanda and @GiselaMargareta I am answering from a cellphone, so right now I can't look for the links to share with you. But in short, yes, you can file for AOS with pending I-130 as F2A, as long as your PD is on or before the authorized by USCIS to be used to file for AOS, as you have explained (and other requirements, which your wife fulfills).

 

For April and March, Chart B will be used. But no, not NOW, if you send it today, they would send it back for improper filing, they have to receive it after April starts.

 

As @talad shared, we have a topic where we, (F2A applicants that have filed AOS) are keeping in touch, and you are more than welcome to jump in and ask as many questions as you have.

 

You two would also be able to file for an Employment Authorization Document, which could take from 3 to 5 months to be approved. But she wouldn't be able to get her Legal Permanent Residence until her PD becomes current, which could be in late 2019.

 

When you start, take your time and review the forms slowly. It seems silly, but technically, they COULD reject your case on the most stupid thing from your form. Most of the cases they don't, but they could. And don't be ashamed of asking all the questions you have about it.

Edited March 27, 2018 by Tenreyro

[MonMcG 0]

Thank you both so much, this helps a lot! 

 

[MonMcG 0]

12 hours ago, Tenreyro said:

This was a topic we have discussed before in the forum with @QAF2A @thepanda and @GiselaMargareta I am answering from a cellphone, so right now I can't look for the links to share with you. But in short, yes, you can file for AOS with pending I-130 as F2A, as long as your PD is on or before the authorized by USCIS to be used to file for AOS, as you have explained (and other requirements, which your wife fulfills).

 

For April and March, Chart B will be used. But no, not NOW, if you send it today, they would send it back for improper filing, they have to receive it after April starts.

 

As @talad shared, we have a topic where we, (F2A applicants that have filed AOS) are keeping in touch, and you are more than welcome to jump in and ask as many questions as you have.

 

You two would also be able to file for an Employment Authorization Document, which could take from 3 to 5 months to be approved. But she wouldn't be able to get her Legal Permanent Residence until her PD becomes current, which could be in late 2019.

 

When you start, take your time and review the forms slowly. It seems silly, but technically, they COULD reject your case on the most stupid thing from your form. Most of the cases they don't, but they could. And don't be ashamed of asking all the questions you have about it.

Thank you for your help.  One other thing I wanted to clarify..... I was told that I would have to wait until the I-130 was actually approved before filing for AOS even though according to the visa bulletin and uscis I can use Chart B starting April 2018.  Do you know if this is true?

[Tenreyro 174]

8 minutes ago, MonMcG said:

Thank you for your help.  One other thing I wanted to clarify..... I was told that I would have to wait until the I-130 was actually approved before filing for AOS even though according to the visa bulletin and uscis I can use Chart B starting April 2018.  Do you know if this is true?

Well,

 

Short Answer, No, you don't have to wait.

 

Long Answer: That's called 'Concurrent Filing' even if the two forms are not sent at the same time, it is still called as such. In the USCIS Policy Manual it states that all Family Categories can file Concurrently. The instruction state that USCIS determines the date, the date has been determined for April, which will be Chart B of the Visa Bulletin. So, anyone in the U.S. and that qualifies in all the other requirements can file if that person already have a petition filed with a PD before the Chart B date. So, no, you don't have to wait. I read thoroughly all available information on the USCIS website.

 

My experience: My PD is Dec 19, 2016, right now my I-130 is still pending, no response. Yet, I filed on March 2nd for AOS, my forms were filed by USCIS, and when April begins I have to go to the first step which is Biometrics Appointment. Actually, everyone in the topic @talad share are in the same boat: Filing AOS with a pending I-130: 

 

 

Here is one of the links that I mentioned the last time I posted, this might be helpful.

 

 

 

[MonMcG 0]

15 minutes ago, Tenreyro said:

Well,

 

Short Answer, No, you don't have to wait.

 

Long Answer: That's called 'Concurrent Filing' even if the two forms are not sent at the same time, it is still called as such. In the USCIS Policy Manual it states that all Family Categories can file Concurrently. The instruction state that USCIS determines the date, the date has been determined for April, which will be Chart B of the Visa Bulletin. So, anyone in the U.S. and that qualifies in all the other requirements can file if that person already have a petition filed with a PD before the Chart B date. So, no, you don't have to wait. I read thoroughly all available information on the USCIS website.

 

My experience: My PD is Dec 19, 2016, right now my I-130 is still pending, no response. Yet, I filed on March 2nd for AOS, my forms were filed by USCIS, and when April begins I have to go to the first step which is Biometrics Appointment. Actually, everyone in the topic @talad share are in the same boat: Filing AOS with a pending I-130: 

 

 

Here is one of the links that I mentioned the last time I posted, this might be helpful.

 

 

 

Wow! So glad I found this forum, I have called USCIS 3 times and gotten three different answers, the last lady said I couldn't file until I-130 approved. I appreciate your feedback and I will start getting I-485 prepped and ready to send once April is here. Thanks again!!!!!!!!!!!!

 

[Tenreyro 174]

1 minute ago, MonMcG said:

Wow! So glad I found this forum, I have called USCIS 3 times and gotten three different answers, the last lady said I couldn't file until I-130 approved. I appreciate your feedback and I will start getting I-485 prepped and ready to send once April is here. Thanks again!!!!!!!!!!!!

 

Welcome to the forum, you're welcome. Remember to read everything, and be honest about everything. 

 

Remember that if filed, your wife wouldn't be able to leave the country unless an Advanced Parole has been granted (via form I-131), or her AOS would be considered abandoned.

 

And, keep browsing and asking. The information you can find in this forum is very, very useful.