f1 student OPT marrying US citizen [merged threads]

[ultrasoul 51]

Just now, Crazy Cat said:

For Adjustment of Status, isn't table B (Visa Bulletin) used instead of Table A???  In table B, F2A is still current for April. 

Yes - so OP is still eligible to file for AOS In April as it is still showing “current” in table b dates of filing in the current visa bulletin.

 

 But since table A final action dates is no longer current for F2A, the I-485 interview will not be scheduled or the case approved until F2A becomes current to the OP’s priority date

 

This isn’t a big impact for OP as OP will still be able to work in the US or travel while waiting for the final action dates to become current with a combo EAD/ AP

 

 

[Crazy Cat 41,814]

1 minute ago, ultrasoul said:

Yes - so OP is still eligible to file for AOS In April as it is still showing “current” in table b dates of filing in the current visa bulletin.

 

 But since table A final action dates is no longer current for F2A, the I-485 interview will not be scheduled or the case approved until F2A becomes current to the OP’s priority date

 

This isn’t a big impact for OP as OP will still be able to work in the US or travel while waiting for the final action dates to become current with a combo EAD/ AP

 

 

I thought Table A is used for consular processing.....not USCIS processing. 

@Mike E

[ultrasoul 51]

3 minutes ago, Crazy Cat said:

I thought Table A is used for consular processing.....not USCIS processing. 

@Mike E

That’s not correct.

 

 Table A Final action dates applicable for all applicants- outside via consular processing  or inside in the US via adjustment of status

 

 you aren’t any better privileged just because you are filing an AoS

 

However if you are in the US doing an AoS- you can benefit from table b allowing you to file your application earlier and get EAD/ AP benefits while you wait out the adjudication backlog time listed in the final action dates table A.

 

 Copying this from an immigration law website …

What Is the Difference Between “Final Action Dates” & “Dates for Filing”? 

The “Final Action Dates” indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. This is an important date because once the immigrant visa number is available, the foreign national’s physical green card can be issued. A green card cannot be issued unless the applicant’s priority date is earlier that the Final Action Date listed on the visa bulletin. 

If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use the “Dates for Filing” chart. The Dates for Filing are the earliest dates green card applicants may apply for a green card. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. 

 

[Crazy Cat 41,814]

1 minute ago, ultrasoul said:

That’s not correct.

 

 Table A Final action dates applicable for all applicants- outside via consular processing  or inside in the US via adjustment of status

 

 you aren’t any better privileged just because you are filing an AoS

 

However if you are in the US doing an AoS- you can benefit from table b allowing you to file your application earlier and get EAD/ AP benefits while you wait out the adjudication backlog time listed in the final action dates table A.

 

 Copying this from an immigration law website …

What Is the Difference Between “Final Action Dates” & “Dates for Filing”? 

The “Final Action Dates” indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. This is an important date because once the immigrant visa number is available, the foreign national’s physical green card can be issued. A green card cannot be issued unless the applicant’s priority date is earlier that the Final Action Date listed on the visa bulletin. 

If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use the “Dates for Filing” chart. The Dates for Filing are the earliest dates green card applicants may apply for a green card. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. 

 

Thanks....

[ultrasoul 51]

40 minutes ago, Crazy Cat said:

Thanks....

No worries - it was a good thing the department of state created that second distinction of dates which helps to provide relief while beneficiaries have to wait thru backlogs caused by the much higher demand outstripped the finite supply offered by the limited cap limits created by Congress. 

 

If OP's spouse becomes eligible for naturalization this beomces a non-issue as he/she now is eligible for the immediate family of USC preference

 

 

 

 

[Mike E 11,739]

It looks like USCIS altered the wording of 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 past week. It now says:

 

“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 Filing chart”

F2A April 2024 bulletin final action date is:

 

08SEP20
 

I see no way that this final action will become current (move 3 years in 5 months) by the end of fiscal year (September 2023). And given that it seems illogical USCIS would invite  tens of thousands of F2A I-485s if it had no intention of approving them in FY 2023.

 

Time will tell.

Edited April 1, 2023 by Mike E

[Lin2016 1]

On 4/1/2023 at 8:49 AM, ultrasoul said:

@linnguyen2016 forget to add that I’m assuming your spouse is an LPR not USC which means you are looking at a F2A priority green card which is currently not going to be adjudicated for at least 2-3 years based on the current final action date of Sep 2020 date in the April visa bulletin.

 

This makes your inclusion of the I-765 and I-131 in your I-130/ I-485 package even more important

He is a U.S. citizen

[Lin2016 1]

On 4/1/2023 at 8:36 AM, ultrasoul said:

@linnguyen2016 don’t forget to also do a concurrent filing for I-765 EAD and I-131 advance parole in that same i-130/ I-485 package. There is no extra cost when filing at the EAD/AP combo card at the same time as when you file your I130/I485 combo card

 

You will need the EAD/ AP combo card to continue working in the US and to travel in and out of the US while you wait for your I-485 to adjudicate

Is it best to file I-130 and I-765 online, and I-485 and I-131 through mail? 

Or sent  I-130, I-765, I-485, and I-131 through mail?

 

 

 

[ultrasoul 51]

3 hours ago, Lin2016 said:

Is it best to file I-130 and I-765 online, and I-485 and I-131 through mail? 

Or sent  I-130, I-765, I-485, and I-131 through mail?

 

 

 

@Lin2016 I-485 can’t be filed online. In order to take advantage of free I-765 / I-131 concurrent filing with I-485- everything needs to be done by mail in ONE package even the I-130.

 

There’s a bunch of existing threads on VJ on the process to ensure preparing your combo I-130/ I-485/ I-765/ I-131 package to avoid RFE’s

 

 

[powerpuff 6,686]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[ultrasoul 51]

21 hours ago, Mike E said:

It looks like USCIS altered the wording of 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 past week. It now says:

 

“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 Filing chart”

F2A April 2024 bulletin final action date is:

 

08SEP20
 

I see no way that this final action will become current (move 3 years in 5 months) by the end of fiscal year (September 2023). And given that it seems illogical USCIS would invite  tens of thousands of F2A I-485s if it had no intention of approving them in FY 2023.

 

Time will tell.

@Mike E agreed that it is interesting the April visa bulletin for F2A still shows a current date of filing but retrogressed the final action dates by 3 years and 5 months.

 

My guess is that this strategy is intentional due to F2A consular demand increasing at a much sharper rate in the past month versus AOS F2A demand.

 

I’ll give you a possible reason why this is the case.
 

Since 2020, the F2A DQ’ed backlog has steadily increased. Even though F2A has always been “Current” final action date on the Visa bulletin, the reality is the embassy consular posts did not process most F2A’s that were DQ’ed and sent over to them for processing due to prioritizing immediate preference IV’s and employment IV’s instead to clear out the COVID backlogs.

 

 You can see this reflected in the “Annual Report of Immigrant Visa Applicants in the Family-sponsored and Employment-based preferences Registered at the NVC”

 

Despite F2A final action dates being “Current” since July 2019, the number of F2A cases waiting for an embassy interview jumped 91% from 182K in 2019 to 348K in 2020 and again to 391K in 2021.

 

My in-laws have under 21 F2A children were in the same situation - the kids were DQ’ed in July 2020 but were never scheduled by US Manila for an interview the past 3 years as DOS guidance to all processing posts to focus only on immediate preference and employment IV’s- thus continuing to neglect F2A the past 3 years.

 

There were a number of petitions to the government to treat F2A the same as immediate USC preference categories but the went no where. Personally, we were not in any rush for processing as the kids were still doing schooling so we did not pursue an expedite avenue.

 

2 months ago however, NVC started sending expedite messages to all posts for F2A cases that were more than DQ’ed more than 2 years ago. I’m assuming this action was meant to work down the F2A CP backlog since posts were still not actively scheduling F2A interviews even in late 2022/ early 2023. 

I know this the case as CEAC shows an “expedite request” created by NVC to USEM (again this is not a petitioner requested expedite request). 

 

Given this sharp increase in the number of F2A cases being pushed protectively to consular posts by NVC in recent months, I would assume this is why F2A visa uptake has dramatically increased overseas and hence the intentional retrogression in F2A final action dates (thus having the immediate effect of limiting bulk of F2A issuance at overseas posts) but not F2A filing dates (still allowing domestic AOS filers some relief for EAD/AP benefits).

 

 

Edited April 2, 2023 by ultrasoul

[ultrasoul 51]

My guess based on the current situation is that future visa bulletin F2A final action dates will jump cautiously a few months at a time for DOS to gauge the trend uptake of many of the previously DQ’ed F2A cases since 2020.

 

It took us 2 months to prepare at the updated police clearances and affidavit of support documentation as the original ones approved by NVC at DQ were outdated.
 

I can imagine there is a sizable F2A DQ’ed population who aren’t as VJ sophisticated/ monitoring their cases and know how to manually schedule their expedite approvals, know to regather updated docs to avoid 221g delays, thus leading to a protracted period of time where F2A approvals and usage remain elevated at the consular level meaning that F2A final action dates will unlikely ever return to being “Current” again

[Mike E 11,739]

This explains (well) why F2A retrogressed at DoS.

 

It does not explain why USCIS is going to let thousands of visa numbers go unused before the end of September 30, 2023 by waiting for PDs to be current with respect to the F2A final action date.

[TBoneTX 45,260]

Related threads have been merged.  Please confine further discussion to THIS thread.

Edited April 4, 2023 by TBoneTX