Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)

[waitingforastar 1]

Hi, I am a permanent resident and I am marrying my fiancé next week who is an 0-1 visa holder—her visa expires on August 1st. Last month, several lawyers told us that my fiancé could legally stay in the United States as long as we get married and file all the necessary documents including her green application (I-485) and the I-130 before her 0-1 visa expires. Today our lawyer said that a new June bulletin just came out saying that there are no more green card applications available (I-485) and that my fiancé would have to wait for 21 months in order to apply for her green card and thus she cannot legally remain in the United States after her 0-1 expires even if we are married and file everything on time. My fiancé would fall under the "F2A" category but I cannot see how things have changed since the May bulletin since the F2A category status is still listed as "C" as in current. I just spoke to another immigration lawyer who tells me that my lawyer is incorrect and that nothing of the sort has changed. If someone can shed some light on this new June bulletin and my situation, I would appreciate it so much. Thanks!

Edited June 5, 2021 by waitingforastar

[Chancy 6,241]

22 minutes ago, waitingforastar said:

If someone can shed some light on this new June bulletin and my situation

 

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

 

In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart in the Department of State Visa Bulletin for June 2021.

 

[arken 4,197]

Nothing has changed between May and June. You can send her AOS package along with i130 after marrying this month.

[SusieQQQ 11,586]

Wow. Please get a new lawyer. You are correct that June VB shows current for F2A and as Chancy points out this means AOS applicants can use the C for filing.  There is always a possibility this changes for July or August (even though it’s been current for so long) so do get the application filed during June to ensure it’s all ok.

[waitingforastar 1]

So just to clarify, my fiancé can legally remain in the country if she files the I-485 and the I-130 by this month after we're married? I'm just confused why my lawyer would possibly say otherwise based on the June bulletin. 

[SusieQQQ 11,586]

54 minutes ago, waitingforastar said:

So just to clarify, my fiancé can legally remain in the country if she files the I-485 and the I-130 by this month after we're married? I'm just confused why my lawyer would possibly say otherwise based on the June bulletin. 

Well, you did also say 

7 hours ago, waitingforastar said:

I just spoke to another immigration lawyer who tells me that my lawyer is incorrect and that nothing of the sort has changed

Tbh I’m also confused why your lawyer would say that. Nothing has changed...yet. 
 

I’m also not sure it’s relevant but it caught my eye when you said the lawyer said the June visa bulletin “just” came out - it’s already been out for a few weeks. The lawyers all knew - or should have known - what the June status was since around mid-May.

 

Edited June 5, 2021 by SusieQQQ

[SusieQQQ 11,586]

Btw you are, I presume, aware of the limitations/restrictions your soon-to-be-wife will face regarding work and travel during the AoS process?

[waitingforastar 1]

7 hours ago, SusieQQQ said:

Btw you are, I presume, aware of the limitations/restrictions your soon-to-be-wife will face regarding work and travel during the AoS process?

Yes, I am absolutely aware and am prepared to support her. I just want to make sure that she can stay here legally so we don't have to be separated. I believe my lawyer was referring to the following chart in the June bulletin. I don't exactly understand why the dates in this chart refer to the past month of May. Perhaps that's why my lawyer was confused? But if the F2A category is listed as "C" it doesn't matter, right?

 

[SusieQQQ 11,586]

18 minutes ago, waitingforastar said:

Yes, I am absolutely aware and am prepared to support her. I just want to make sure that she can stay here legally so we don't have to be separated. I believe my lawyer was referring to the following chart in the June bulletin. I don't exactly understand why the dates in this chart refer to the past month of May. Perhaps that's why my lawyer was confused? But if the F2A category is listed as "C" it doesn't matter, right?

 

 Firstly, it would be one month not 21 IF you had to stick to that date, but as chancy already posted (and you can find it yourself from the link above the table) you can file immediately. Please find a lawyer who understands how to do this process properly. This is a basic, basic error, I’d hate to think what else they’d get wrong.

[retheem 566]

11 hours ago, waitingforastar said:

So just to clarify, my fiancé can legally remain in the country if she files the I-485 and the I-130 by this month after we're married? I'm just confused why my lawyer would possibly say otherwise based on the June bulletin. 

I hope you are writing this while filing the AOS package.  And please get a new lawyer. That one you have issa throw lol

Edited June 5, 2021 by retheem

[waitingforastar 1]

I just talked to my lawyer and she said that the I-130 has to be approved first before the I-485 can be filed which she says takes about 6 months or so. She said the May dates listed in the “Dates for Filing” chart on the June bulletin is if people got their I-130 approved within that time frame i.e. “01MAY21” then they can apply for the I-485 in June. Hence, she says, my fiancé would have to find other ways to stay here legally—she suggested extending her 0-1 visa. She said if I were a citizen, the I-130 would be approved faster, but as a permanent resident I would have to wait months after my fiancés 0-1 visa expires.

 

She referred me to this page to prove her point: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-63

 

But I'm so confused because the F2A category is listed as current on the page she sent. Is this correct or does my lawyer have it all wrong?

[arken 4,197]

You have been already advised to get a new lawyer coz this lawyer doesn't seem to know even those basic things. Regardless of filing dates, if final action date is current, uscis clearly says one can file for AOS.

 

 

[waitingforastar 1]

I will fire this lawyer but I just have one more question. This lawyer did point out that because my fiancé is Chinese/Chinese-born that also made a difference. This can't be true, right?

Edited June 8, 2021 by waitingforastar

[SusieQQQ 11,586]

23 minutes ago, waitingforastar said:

I will fire this lawyer but I just have one more question. This lawyer did point out that because my fiancé is Chinese/Chinese-born that also made a difference. This can't be true, right?

It can be true sometimes because in the past China has had different priority dates in some categories, but it is not true for F2A right now. Your lawyer is not paying attention!!!

 

 

 

 

Edited June 8, 2021 by SusieQQQ

[arken 4,197]

After seeing your another thread, just wanted you say again that you really need a new lawyer or if you read all the instructions carefully and follow VJ guidelines, you can do it yourself. 
Ask you lawyer about the content below, I bet he/she doesn't know about it. It's from uscis page.

 

If USCIS determines 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 Filingchart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application. However, if a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.