Concurrent Filing? [split topic]

[Dng1207 0]

I'm (LPR) applying to sponsor my wife (F1 student, already in the U.S) in April 2023, so F2A.

Concurrent filing means that I can file I-130, I-485, I-765, and I-131 for my wife right?

Thank you in advance.

Edited March 30, 2023 by TBoneTX

[TBoneTX 45,284]

The above was split from another thread in this forum.

[Mike E 11,739]

4 hours ago, Dng1207 said:

I'm (LPR) applying to sponsor my wife (F1 student, already in the U.S) in April 2023, so F2A.

Concurrent filing means that I can file I-130, I-485, I-765, and I-131 for my wife right?

Thank you in advance.

Certainly through April 30.

 

Did your wife know you before she applied for her F-1 student visa?

[Dng1207 0]

11 minutes ago, Mike E said:

Certainly through April 30.

 

Did your wife know you before she applied for her F-1 student visa?

No. She came to the US under F-1 visa in 2018. We met in 2020 and been living together since then. We married in March 2023 and I'm preparing to file for her in April 2023. I'm just confused about the concurrent filing. But why did you ask this question? Does it affect on the process? Please advise, thank you.

I'm LPR since Feb 2022.

[Mike E 11,739]

34 minutes ago, Dng1207 said:

But why did you ask this question? Does it affect on the process? Please

Because if she knew you before she filed F-1, she potentially misrepresented and thus would not be eligible to immigrate.

[Dng1207 0]

6 minutes ago, Mike E said:

Because if she knew you before she filed F-1, she potentially misrepresented and thus would not be eligible to immigrate.

So we are good in our situation right? And I think the F2A can take up to 4 years from now. So my wife would plan to study for her Master degree after finishing her Bachelor's, and apply for OPT in the next few years to keep her legit status while we're waiting for the F2A. Is there any issue with this?

Edited March 30, 2023 by Dng1207

[Mike E 11,739]

6 minutes ago, Dng1207 said:

So we are good in our situation right?

If the facts are as you say. 
 

8 minutes ago, Dng1207 said:

So my wife would plan to study for her Master degree after finishing her Bachelor's, and apply for OPT in the next few years to keep her legit status while we're waiting for the F2A. Is there any issue with this?

F-1 student visa extensions and OPT are outside my of my knowledge.

 

I don’t think any adjustment of status case is ever DIY unless the petitioner is a U.S. citizen and the beneficiary is an immediate relative. 
 

When can you file N-400?

[Dng1207 0]

2 minutes ago, Mike E said:

If the facts are as you say. 
 

F-1 student visa extensions and OPT are outside my of my knowledge.

 

I don’t think any adjustment of status case is ever DIY unless the petitioner is a U.S. citizen and the beneficiary is an immediate relative. 
 

When can you file N-400?

The earliest I can file my N-400 is Nov 2026 so I think it's best to sponsor my wife now under F2A.

I ask some people and they all say LPR can only file I-130 first for their spouse, then when it got approved (probably 2-3 years), file I-485, I-765, and I-131.

 

But from what I read on USCIS website, it's based on the Date for Filing Chart. And it's current for F2A as of April 2023. So basically I can file all 4 forms together. That's why I'm confused.

[Mike E 11,739]

1 minute ago, Dng1207 said:

I ask some people and they all say LPR can only file I-130 first for their spouse, then when it got approved (probably 2-3 years), file I-485, I-765, and I-131.

Some DIYers and lawyers prefer to do the standalone I-130. One reason might be that the standalone I-130 can specify consular processing thus preserving options in the case the beneficiary needs to leave the U.S. Whereas if I-130 specifies that the beneficiary will file I-485, to switch to consular requires paying a fee for I-824 and waiting more  years. 
 

In addition beneficiaries who arrive on a visa waiver cannot adjust status if the petitioner is an LPR. 

1 minute ago, Dng1207 said:

 

But from what I read on USCIS website, it's based on the Date for Filing Chart. And it's current for F2A as of April 2023. So basically I can file all 4 forms together. That's why I'm confused.

 It is complex and it will get worse

[Dng1207 0]

8 minutes ago, Mike E said:

Some DIYers and lawyers prefer to do the standalone I-130. One reason might be that the standalone I-130 can specify consular processing thus preserving options in the case the beneficiary needs to leave the U.S. Whereas if I-130 specifies that the beneficiary will file I-485, to switch to consular requires paying a fee for I-824 and waiting more  years. 
 

In addition beneficiaries who arrive on a visa waiver cannot adjust status if the petitioner is an LPR. 

 It is complex and it will get worse

thank you. I see it. I asked an experienced lawyer and he said no way a LPR can file concurrently but I find a lot of people file F2A concurrently online. Do you think it will be better to find concurrently or standalone I-130? We have 3-4 years ahead to wait so we are considering either options 

Edited March 30, 2023 by Dng1207

[Mike E 11,739]

I would not waste any time: file I-130, specifying consular processing. Then decided later to file I-485 concurrently or not.

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum -- OP's wife is already in the US, asking about I-130/I-485 filing ***

 

[Dng1207 0]

15 hours ago, Mike E said:

I would not waste any time: file I-130, specifying consular processing. Then decided later to file I-485 concurrently or not.

I’m sorry but I’m confused. Why do you specify consular processing when the beneficiary is already in the U.S?

 

Isn’t consular process for beneficiaries outside of the US?

[OldUser 6,649]

2 hours ago, Dng1207 said:

I’m sorry but I’m confused. Why do you specify consular processing when the beneficiary is already in the U.S?

 

Isn’t consular process for beneficiaries outside of the US?

Because beneficiary may not be able to stay in the US for AOS. Your wife is a spouse of LPR, and her visa may not immediately available. Need to check visa bulletin for her category. Her overstay would not be forgiven, because you're not a citizen.

Edited March 30, 2023 by OldUser

[Dng1207 0]

16 minutes ago, OldUser said:

Because beneficiary may not be able to stay in the US for AOS. Your wife is a spouse of LPR, and her visa may not immediately available. Need to check visa bulletin for her category. Her overstay would not be forgiven, because you're not a citizen.

The beneficiary - my spouse is not planning to overstay because she still has 2-3 years more to study. And the visa bulletin of “Date for Filing” chart is Current for F2A for April 2023