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waitingforastar

As a permanent resident do I have to wait till my fiancé's I-130 is approved before filing her I-485?

By waitingforastar in Bringing Family Members of Permanent Residents to America

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waitingforastar Rookie

waitingforastar   1

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Filed: Citizen (pnd) Country: India
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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. I just talked to my lawyer and she said that a June bulletin just came out which somehow changes things. The lawyer said that the I-130 has to be approved first before the I-485 green card application can even be filed. Is this true? Can I not file the I-130 and I-485 simultaneously now?

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, this lawyer says, my fiancé would have to find other ways to stay here legally—she suggested extending her current 0-1 visa which expires on August 1st. She said if I were a citizen, the I-130 and I-485 can be filed concurrently, but as a permanent resident I would have to wait at least 6 months which would be after my fiancés 0-1 visa expires. I am trying to keep my fiancé here legally after her visa expires so this obviously bad news if true.

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? If someone can shed some light on this, I would appreciate it so much. Thanks!

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Crazy Cat Grand Master

Crazy Cat   41,885

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Filed: Citizen (apr) Country: Taiwan
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.

Edited by Lucky Cat

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SusieQQQ Grand Master

SusieQQQ   11,586

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Posted (edited)

Oh for heavens sake, are you still listening to this attorney? Because F2A is current, you can file i485 simultaneously with the i130. If it was not current you’d have to wait. 
 

This attorney is going to end up screwing up your case. 

Edited by SusieQQQ
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SusieQQQ Grand Master

SusieQQQ   11,586

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1 hour ago, waitingforastar said:

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? If someone can shed some light on this, I would appreciate it so much. Thanks!

Well I and others responded to your prior questions about this as (you said) did other attorneys you spoke to. You seem to have ignored all that 🤷‍♀️ 

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waitingforastar Rookie

waitingforastar   1

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Filed: Citizen (pnd) Country: India
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5 minutes ago, SusieQQQ said:

Well I and others responded to your prior questions about this as (you said) did other attorneys you spoke to. You seem to have ignored all that 🤷‍♀️ 

I'm so sorry, I honestly didn't mean to make it seem like I was ignoring anyone's advice. I'm truly appreciative of everyone's input. It's just that I talked to my lawyer a couple of hours ago and she will not budge so yes I agree I have to fire her. I'm just looking at every angle because I trusted this lawyer but it seems like she may even be scamming us because she said my fiancé has to file and 0-1 extension immediately before it expires on August 1st and that she can represent us for the 0-1 process to legally keep my fiancé in the country until the I-130 gets approved. So this lawyers legal fees went from a simple handling of our marriage to something that tripled in price with the marriage plus the 0-1 extension. 

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Pinkrlion Mentor

Pinkrlion   2,722

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Filed: Country: Jamaica
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You don't have to keep posting the same question, the answers do not change.  You can resolve all of these questions, and your fiance can complete consular processing.  

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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TBoneTX Grand Master

TBoneTX   45,304

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Filed: Citizen (apr) Country: Ecuador
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Current thread is locked in favor of other thread on this topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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