Adjustment of status of F2A,spouse of LPR with tourist visa

[Totsti 0]

Hello. Im new here and I would like to ask for any insights if it is possible to adjust status with current f2a petition,spouse of LPR and currently in the US. If this questions is answered already, could you tag me in the same thread. Any response will be much appreciated. Thank you

[USS_Voyager 1,972]

39 minutes ago, Totsti said:

Hello. Im new here and I would like to ask for any insights if it is possible to adjust status with current f2a petition,spouse of LPR and currently in the US. If this questions is answered already, could you tag me in the same thread. Any response will be much appreciated. Thank you

The answer will depend what your current status is. What status are you on? Did you overstay your authorized stay and how long (if any)?

 

[Ben&Zian 4,398]

Good point made above. If in the US on valid I94 and priority date is current, believe you can. If over stayed (expired I-94) no shot. If priority date is not current, no shot. Overstay in the US is not forgiven for spouses of LPR's, only citizens.

[Totsti 0]

Im on tourist visa. I did not overstay. Im currently here in the US

[Cyberfx1024 7,980]

Just now, Totsti said:

Im on tourist visa. I did not overstay. Im currently here in the US

The question is has someone already filed for you as a spouse? 

[Totsti 0]

Thank you for your replies. My priority date is not yet current. I was looking into using the Chart B in the visa bulletin which I am already current.

[Totsti 0]

Yup.. i have an ongoing f2a petition. I received NOA 1.. still waiting for NOA2.

[Totsti 0]

12 minutes ago, Cyberfx1024 said:

The question is has someone already filed for you as a spouse? 

Yup.. i have an ongoing f2a petition. I received NOA 1.. still waiting for NOA2

[Totsti 0]

21 minutes ago, USS_Voyager said:

The answer will depend what your current status is. What status are you on? Did you overstay your authorized stay and how long (if any)?

 

Im on visitors visa (B1/B2) with pending f2a petition. Priority date is not current in chart A but it is current in Chart B

[Totsti 0]

18 minutes ago, Cyberfx1024 said:

The question is has someone already filed for you as a spouse? 

Yup.. i have an ongoing f2a petition. I received NOA 1.. still waiting for NOA2

[geowrian 22,337]

Should be fine.

AOS filing chart (same as the DOS VB Chart B for family-based petitions): https://www.uscis.gov/visabulletininfo

[nastra30 2,287]

I think if your priority date is current based on chart 2, then you should be able to adjust your status immediately with or without NOA2. Your greencard will not be approved until I-130 (NOA2) is approved. However, you'll be able to go through the process all the way to the interview and just wait for NOA2. You can concurrently file for EAD (will allow you to work) and AP (allow you to travel) while you are waiting for I-130 approval and subsequently your green card approval.

 

Caveat: If you are currently in the US and have not overstayed your visa.

Edited February 6, 2019 by nastra30

[Totsti 0]

37 minutes ago, geowrian said:

Should be fine.

AOS filing chart (same as the DOS VB Chart B for family-based petitions): https://www.uscis.gov/visabulletininfo

Thank you for the response

[Totsti 0]

15 minutes ago, nastra30 said:

I think if your priority date is current based on chart 2, then you should be able to adjust your status immediately with or without NOA2. Your greencard will not be approved until I-130 (NOA2) is approved. However, you'll be able to go through the process all the way to the interview and just wait for NOA2. You can concurrently file for EAD (will allow you to work) and AP (allow you to travel) while you are waiting for I-130 approval and subsequently your green card approval.

 

Caveat: If you are currently in the US and have not overstayed your visa.

Thank you for the response..much appreciated

[nastra30 2,287]

2 hours ago, Totsti said:

Thank you for the response..much appreciated

Fill your timeline if you can. 👍🏾