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Posted

My brother is a US citizen. He filed I-130 for me in January 2012. Today we heard back from USCIS website that I-130 is approved. I am in the US already. Can I file adjustment of status now or I need to wait for January 2012 to be current? 

Posted

The PD must be either current or past the Dates for Filing threshold to qualify for AOS (along with the applicant being in status and having maintained lawful status). I say "either" as it can change. Right now they will use "Dates for Filing" for F4.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
11 minutes ago, geowrian said:

The PD must be either current or past the Dates for Filing threshold to qualify for AOS (along with the applicant being in status and having maintained lawful status). I say "either" as it can change. Right now they will use "Dates for Filing" for F4.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

...so the short answer is no, as the petition must be approved and a visa available to file i485. F4 is only current until 15 Sept 2007 for most countries (earlier for India, Mexico and Philippines), so there will still be some years to wait. 

Filed: Country: Vietnam (no flag)
Timeline
Posted
1 hour ago, Sami N said:

My brother is a US citizen. He filed I-130 for me in January 2012. Today we heard back from USCIS website that I-130 is approved. I am in the US already. Can I file adjustment of status now or I need to wait for January 2012 to be current? 

You can not file for adjustment of status now.

 

You would need to have your PD be current in table B of the Visa Bulletin in order to qualify to adjust status.  

 
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