Possibility to AOS? (split)

[macaroni24 7]

Hi VJ members,

 

I30 PD is July last week of 2021

Can I file 485 for my spouse (under spouse of permanent resident-F2A).F2A is current for all countries. I am confused with 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 September 2021.

 

So Can I count Priority date is Current ? and file for my spouse ?

 

Requesting suggestions

@Stillwinning!!!😊

and other VJ members

[Demise 1,337]

23 minutes ago, macaroni24 said:

Hi VJ members,

 

I30 PD is July last week of 2021

Can I file 485 for my spouse (under spouse of permanent resident-F2A).F2A is current for all countries. I am confused with 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 September 2021.

 

So Can I count Priority date is Current ? and file for my spouse ?

 

Requesting suggestions

@Stillwinning!!!😊

and other VJ members

Not really a VAWA-related question. Also I looked over your prior posts and because your spouse is an F-1 overstayer she's not eligible for AOS in F2A, so no, she cannot file for AOS (it'll be denied if she tries and she might end up in removal proceedings) unless you were to naturalize which would bump her up from F2A to IR where overstays are forgiven. But also because she's an F-1 overstayer (admitted for D/S) she hasn't accrued any unlawful presence, so once the I-130 is approved she can do consular processing at an embassy abroad without needing waiver.

 

tl;dr: don't file I-485

 

Post in question:

 

Edited August 14, 2021 by Demise

[Ziongirl 269]

2 hours ago, macaroni24 said:

Hi VJ members,

 

I30 PD is July last week of 2021

Can I file 485 for my spouse (under spouse of permanent resident-F2A).F2A is current for all countries. I am confused with 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 September 2021.

 

So Can I count Priority date is Current ? and file for my spouse ?

 

Requesting suggestions

@Stillwinning!!!😊

and other VJ members

If am not wrong you got your GC through vawa @Stillwinning!!!😊 and anyone else correct me if am wrong, you are supposed to sponsor someone else (spouse) when you become a citizen, the next step might be so tough to get through even though i130 is approved , wish you all the best

[Ontarkie 14,487]

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