On F1, F2A current now (split)

[mahanturbo 1]

Hi, 

My girlfriend is living with me with a F1 visa, We plan to get married in July, Since F2A is "Current " now.

Can I fill I-130, I-485 together?

or should I do the I-130 first, Wait for the receipt, Then fill the i485?

Please advise. 

[Weebee 57]

2 hours ago, mahanturbo said:

Hi, 

My girlfriend is living with me with a F1 visa, We plan to get married in July, Since F2A is "Current " now.

Can I fill I-130, I-485 together?

or should I do the I-130 first, Wait for the receipt, Then fill the i485?

Please advise. 

The answer to your question is within Instructions for Form I-485 (PDF, 485 KB)page 20:

 

Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories (Form I-130) 

Family-based preference categories include: unmarried sons and daughters (21 years of age and older) of U.S. citizens; spouses, unmarried children (under 21 years of age) and unmarried sons and daughters (21 years of age and older) of lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older). 

 

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. See the When Should I File Form I-485 section for more information.

 

Typically USCIS is using Date of filing chart for allowing you to file form i485 to adjust your status in US. But .. the instructions of form i485 clearly state that when a Visa is immediately available, you can file i485. And as defined by USCIS policy manual, a Visa is immediately available when Final Action Dates chart is current. 

So my understanding is that when Final Action Dates chart is current, it renders Dates of filing chart useless. Therefore you can file i130 and i485 concurrently.

Edited June 13, 2019 by Weebee

[Cathi 5,746]

15 hours ago, mahanturbo said:

Hi, 

My girlfriend is living with me with a F1 visa, We plan to get married in July, Since F2A is "Current " now.

Can I fill I-130, I-485 together?

or should I do the I-130 first, Wait for the receipt, Then fill the i485?

Please advise. 

Do no derail someone else's thread with your own questions. Start your own thread.

[Penguin_ie 5,993]

**** post split from thread by other member about another issue.  PLease ask questions about your own case in your own thread. ****

[mahanturbo 1]

Does anyone know for how long PD for F2A remains current? 

[SusieQQQ 11,586]

6 minutes ago, mahanturbo said:

Does anyone know for how long PD for F2A remains current? 

 

They said they expect till September.

 

Can you explain your own status? Your profile says K1 visa.

[SusieQQQ 11,586]

Just now, SusieQQQ said:

 

They said they expect till September.

 

Can you explain your own status? Your profile says K1 visa.

Ohhhh,... I just looked back at some of your history. You got your green card through marriage and filed a divorce waiver for ROC, is that correct?

If that is right.... Then there is bad news for you about wanting to get your new wife-to-be  a green card... you can't file for her until you have your own GC for 5 years , or till you are a citizen.

[mahanturbo 1]

Just now, SusieQQQ said:

 

They said they expect till September.

 

Can you explain your own status? Your profile says K1 visa.

Thank you. We plan to get married in September. 

I came to the U.S with a K1 visa. Unfortunately, the marriage didn't work out. 

Right now I'm a green card holder. 

[SusieQQQ 11,586]

Just now, mahanturbo said:

Thank you. We plan to get married in September. 

I came to the U.S with a K1 visa. Unfortunately, the marriage didn't work out. 

Right now I'm a green card holder. 

Yup see the post just above this reply....

[mahanturbo 1]

Just now, SusieQQQ said:

Yup see the post just above this reply....

Really? Even if my green card is not conditional any more?? 

Where can I read more about this?

[SusieQQQ 11,586]

Just now, mahanturbo said:

Really? Even if my green card is not conditional any more?? 

Where can I read more about this?

Oops, bad planning on your part. This is a law enacted to prevent people marrying for green cards, then divorcing and bringing over someone else with another green card.  Not saying that is what happened in your case of course, though I have no doubt USCIS will closely scrutinize all the dates involved. 

 

See below - you can try for overcoming the prohibition but rumor has it they scrutinize those applications extremely closely. 

 

---

 

(M)     Marriage within Five Years of Obtaining LPR Status     .    

  Section 204(a)(2)(A)     of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.     8 CFR 204.2(a)(1)(i)     specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.      

 

 

[SusieQQQ 11,586]

Of course you can still marry in September as planned - you just have to wait till 5 years of being a LPR before you can file for her.

[mahanturbo 1]

1 minute ago, SusieQQQ said:

Of course you can still marry in September as planned - you just have to wait till 5 years of being a LPR before you can file for her.

Will do. I will be naturalized U.S. citizen next year. But I didn’t want her to leave the country. Because she is on F1 status now and her i20 will expire next year  

thank you so much for your helpful post. 

[SusieQQQ 11,586]

2 hours ago, mahanturbo said:

Will do. I will be naturalized U.S. citizen next year.

Is your timeline incorrect? It says your green card was approved mid 2016.

[mahanturbo 1]

On 6/14/2019 at 8:23 PM, SusieQQQ said:

Is your timeline incorrect? It says your green card was approved mid 2016.

True. 2021.

How about this part? are these the same documents that I submitted for my ROC? 

 

Quote

You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or