I-130/I-185 processing steps for spouse in US

[BestChampion 32]

Hello,

 

I am a GC holder and recently filed I-130/I-485/I-765/I-131 applications for my spouse who is on work visa in US. We filed concurrently since the F2A is current under final action dates.

 

Wondering what happens to I485 if F2A is not current by the time I-130 is approved? Will the interview have to wait until the visa is again available or will USCIS process the application similar to as spouse of USC?

 

Thanks.

[igoyougoduke 1,675]

i-130 approval is not dependent on priority date. on the day i-485 is approved by USCIS officer, they will check for priority date for current. if not current it goes into waiting room.  interview can be scheduled irrespective of priority date being current on rate. it all depends on local office vacancy and your slot 

 

 

[BestChampion 32]

50 minutes ago, igoyougoduke said:

i-130 approval is not dependent on priority date. on the day i-485 is approved by USCIS officer, they will check for priority date for current. if not current it goes into waiting room.  interview can be scheduled irrespective of priority date being current on rate. it all depends on local office vacancy and your slot 

 

 

If I understand this correctly, the first step is I-130 approval and then the file is transferred to NBC and then to local office where they schedule the interview. At the time of adjudication that is when they check if F2A still shows either current or cutoff date on the Final Action Dates chart is later than I-485 priority date and issue GC accordingly? 

 

what if its not current at the time of interview, do we have to notify USCIS office when it becomes current they issue us a GC? Thanks.

[igoyougoduke 1,675]

17 hours ago, BestChampion said:

If I understand this correctly, the first step is I-130 approval and then the file is transferred to NBC and then to local office where they schedule the interview. At the time of adjudication that is when they check if F2A still shows either current or cutoff date on the Final Action Dates chart is later than I-485 priority date and issue GC accordingly? 

 

what if its not current at the time of interview, do we have to notify USCIS office when it becomes current they issue us a GC? Thanks.

USCIS can interview you when they think your dates might be current in the next 6-12 months but they wont approve i-485 if dates are not current on the day of adjudication.  it depends on what country you are from and what category you applied. for some countries backlog is pretty big so they wont call for an interview if they dont think you will get GC soon. there is no hard fast rule. its approximation based on their estimation 

Edited February 15, 2022 by igoyougoduke

[BestChampion 32]

1 minute ago, igoyougoduke said:

USCIS can interview you when they think your dates might be current in the next 6-12 months but they wont approve i-485 if dates are not current on the day of adjudication. 

Thanks. Also found the same info on USCIS site.