Petition approved, what's next? he is here, does it matter?

[Griselita 0]

Hi!

I received a document from USCIS titled 1-797 Notice of Action, where it says that that my petition (i-130 petition for alien relative, unmarried son or daughter 21 or older…) has been approved.

 

My question is simple:

What’s next?

Has anything changed due the COVID19?

 

The notice also says that the NV will contact the beneficiary, but where? I suppose he will be contacted at his address, which is outside United States, but he came here more than a month ago to visit me and got stranded due the covid19, and suspect he will be here for couple of months more?

 

So what should I do in this case?

Petition case approved and he here in the United States?

[arken 4,197]

If PD is current, you can go ahead and file for AOS with USCIS.

[SusieQQQ 11,586]

Is priority date current? Then file aos as Arken said. 

 

Confirming, given forum you posted in, that you are asking about an F2B case? (If that’s the case I don’t  imagine he’s current if you just got the approval notice but never assume...)

 

If his priority date is not current he needs to return home to await processing, when flights to his home country restart. Nothing to be done yet. 

Edited April 19, 2020 by SusieQQQ

[Daniel368 10]

Hi i am F2b here what is your Priority date?

[Griselita 0]

My priority date is 11/2/15.

[Griselita 0]

10 hours ago, SusieQQQ said:

Is priority date current? Then file aos as Arken said. 

 

Confirming, given forum you posted in, that you are asking about an F2B case? (If that’s the case I don’t  imagine he’s current if you just got the approval notice but never assume...)

 

If his priority date is not current he needs to return home to await processing, when flights to his home country restart. Nothing to be done yet. 

 

He hav B1/B2 visa, he cant go back because COVID19, athought he is legal until Aug

yes, he is F2B
i dont know what you mean with current,  but yes i just good the approval notice, nothing else.

Edited April 19, 2020 by Griselita

[Daniel368 10]

you Dont need to go back to your home country when your priority date get current in any chart by visiting travel.state.gov then you can adjust your status by filing I-845 and my advise is please consult with immigration lawyer so do not com back.

[SusieQQQ 11,586]

1 hour ago, Griselita said:

 

He hav B1/B2 visa, he cant go back because COVID19, athought he is legal until Aug

yes, he is F2B
i dont know what you mean with current,  but yes i just good the approval notice, nothing else.

This is the principle: He can’t adjust status until his priority date is current, which means it is shown in the visa bulletin as a visa being immediately available for him. If he overstays past his B visa authorized stay date and he is not yet able to adjust status, then he goes into overstay and starts accruing unlawful presence.  Once he has even one day of unlawful presence he will not be able to adjust status (because he will be out of status, and you cannot adjust status if you are not in lawful status at the time). Also, his existing B visa will automatically be cancelled/voided on the first day of overstay. If he accrues 180 days of unlawful presence, he triggers a three year ban on re-entering the US (yes, even on an immigrant visa) once he has left. If he accumulates one year of unlawful presence, he triggers a ten year ban on exit. So you can see, there are some very serious consequences to overstaying.

 

Now, your situation.

1 hour ago, Griselita said:

My priority date is 11/2/15.

is it he or you, bit confusing you write in both first and third person.
The current priority date (for April 2020] for F2B is 11/01/2014 (assuming you are not from Mexico or Philippines). https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-april-2020.html So your priority date is not current yet. Even on the dates for filing for AOS it is 07/01/2015 so still probably a good few months away. Note the visa bulletin is late this month and things will likely slow down or possibly even retrogress as a result of no interviews, either visa or AOS, being held at present. If you want I guess you can stay till August and see if your number gets current and you can file AOS, but if it does not get current by then you must leave before your B authorized stay expires because of the negative consequences described above.

Edited April 20, 2020 by SusieQQQ

[Griselita 0]

19 minutes ago, SusieQQQ said:

is it he or you, bit confusing you write in both first and third person.
 

oh i am sorry, that's her current date, i used to write in this form when my case, now is for him.

[Griselita 0]

26 minutes ago, SusieQQQ said:

This is the principle: He can’t adjust status until his priority date is current, which means it is shown in the visa bulletin as a visa being immediately available for him. If he overstays past his B visa authorized stay date and he is not yet able to adjust status, then he goes into overstay and starts accruing unlawful presence.  Once he has even one day of unlawful presence he will not be able to adjust status (because he will be out of status, and you cannot adjust status if you are not in lawful status at the time). Also, his existing B visa will automatically be cancelled/voided on the first day of overstay. If he accrues 180 days of unlawful presence, he triggers a three year ban on re-entering the US (yes, even on an immigrant visa) once he has left. If he accumulates one year of unlawful presence, he triggers a ten year ban on exit. So you can see, there are some very serious consequences to overstaying.

 

Now, your situation.

is it he or you, bit confusing you write in both first and third person.
The current priority date (for April 2020] for F2B is 11/01/2014 (assuming you are not from Mexico or Philippines). https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-april-2020.html So your priority date is not current yet. Even on the dates for filing for AOS it is 07/01/2015 so still probably a good few months away. Note the visa bulletin is late this month and things will likely slow down or possibly even retrogress as a result of no interviews, either visa or AOS, being held at present. If you want I guess you can stay till August and see if your number gets current and you can file AOS, but if it does not get current by then you must leave before your B authorized stay expires because of the negative consequences described above.

Thank you very much for your response, he came here to help me with some paperworks then all this COVID19 explodes, there is no flight to Dominican Republic, but even so he doesn't want to leave until i am back to work, he got permit to stay here until Aug, hopefully from now to Aug most people get tack to work including me so he can go back to DR.

I was interested to know how long will it take because i heard him making a plan with some friends of him that are coming in June next year for a summer work and he was wondering if he gets residence for that time he can come with his friends... but i think it will take more than a year

 

[Duke & Marie 1,389]

1 hour ago, Griselita said:

There is no flight to Dominican Republic

 

I was interested to know how long will it take because i heard him making a plan with some friends of him that are coming in June next year for a summer work and he was wondering if he gets residence for that time he can come with his friends... but i think it will take more than a year

 

Flights to DM are available although limited, I just checked, and I’m sure the numbers will increase as time goes on.

 

timeframe is unknown it will depend on visa availability 12 months or longer I should imagine 

[Griselita 0]

Thank you

 

[Griselita 0]

uhm...

the notice i received, the i-797, says that i should have receive a correspondence by mail and that they will be contacting my son.

 

There has been more than 30 days, and my son is here with me, hi is not in DR to receive any correspondence.

 

what will happen?

 

 

 

[Griselita 0]

I already have access to pay for the visa petition and to submit the affidavit.

 

now i have question regarding the affidavit.

 

i dont understand the household size thing.

 

"You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size"

What is my household size?

 

 

[geowrian 22,337]

2 hours ago, Griselita said:

I already have access to pay for the visa petition and to submit the affidavit.

 

now i have question regarding the affidavit.

 

i dont understand the household size thing.

 

"You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size"

What is my household size?

Follow the I-864 + its instructions to calculate your household size.

Part 5 of the I-864 lists the people to include. Be sure to follow the note at the top: do not count anybody more than once.