Should I travel after married but not yet submitted application?

[April-bloom 0]

Mike, I can't thank you enough for the detailed post.

 

Quote

So IMHO, the best option, the only option, is to file an I-485 package now, with EAD and Advance Parole so that April can eventually work and travel, but most importantly, stay in the U.S. until her I-485 is decided.

 

I can only file the I-485 package after I-130 gets approved. 

Your concern is valid, and 9 years are long.

I will pay attention to the Visa Bulletin and wish for the best.

Edited July 25, 2023 by April-bloom

[Crazy Cat 41,845]

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Edited July 25, 2023 by Crazy Cat

[Mike E 11,739]

15 minutes ago, April-bloom said:

I can only file the I-485 package after I-130 gets approved

My understanding of, 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-91

 

“If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application.”

 

[…]
 

“If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.”

 

“

F2A	C	C	C	C	C

”

 

is that you can file I-485.

 

This can change month to month. I would work on getting the package together now. The  September bulletin will come out next month. If the chart is still current for filing I-485, that buys you until the end of September to file.

[manyfudge 291]

6 hours ago, April-bloom said:

can only file the I-485 package after I-130 gets approved. 

Not true.  If you live in the US and have lawful status, you can CONCURRENTLY file i130 and i485 (F2A).

 This opportunity will not last much longer.  File both asap.

 

It is crucial that you pick the adjustment of status option on i130 and leave the consular processing section blank.

Edited July 26, 2023 by manyfudge

[April-bloom 0]

Hello everyone,

 

Thank you all for your advice. 

Special thanks to @Mike E and @manyfudge. You cleared up my misunderstanding regarding the application sequence. I believed I was required to wait until the I-130 was approved before submitting the I-485 application.

 

My spouse just submitted the I-130 online on September 3rd.

I am an F1 student in the US, married to a spouse of a green card holder.

 

Below is the Visa Bulletin for September:

-  FINAL ACTION DATES for F2A is 01JAN18

-  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS for F2A is 01SEP23

 

I understand that I must wait for the latter cut-off date of " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" to file the I-485 package with EAD and Advance Parole (ex: 05SEP23).  

 

Please correct me if I am wrong.

[manyfudge 291]

Yes, that is correct - you have to check monthly to see if you can use the "filing dates."

 

I am not sure if your priority will be the date that you filed online - check your i-797 (the i-130 receipt) when it arrives.

 

Any reason you waited?

 

You could have filed both i-130 and i-485 together in August.

 

Also, keep maintaining your F1 status.  The issue now is if you fall OUT of status before your priority date becomes current.

 

How much longer is your program of study?   What does your i-94 say?

Edited September 13, 2023 by manyfudge

[Mike E 11,739]

7 minutes ago, April-bloom said:

My spouse just submitted the I-130 online on September 3rd

Why? 
 

😞

 

We told you to file sooner.
 

Now to file I-485 you have to wait for F2A to be current. Maybe it will happen in October. Or it might take years. 

 

 

[April-bloom 0]

We missed a few critical documents  😰.

 

My I-20 is valid until the summer of 2025, followed by 3 years of OPT.

 

I only have to wait for the chart " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" to either be current or if our priority date is before the cut-off date to file I-485.

I understand the chart "FINAL ACTION DATES" is when a visa becomes available or eligible for a green card. In other words, people with priority dates earlier than the cut-off date shown in the Final Action chart will be processed for green cards.

 

Is my understanding correct?

 

I pray that my I-485 be approved before I am out of status, which is 4 years away.

[Mike E 11,739]

5 minutes ago, April-bloom said:

I only have to wait for the chart " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" to either be current or if our priority date is before the cut-off date to file I-485.

This is subject to change every month. In September 2023 what you wrote is true.

[manyfudge 291]

6 hours ago, April-bloom said:

only have to wait for the chart " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" to

This will change every month.  You have to check monthly as to which chart applies.

 

You do know that you CANNOT leave the US now until you get advance parole,  right? You have signaled your intent to adjust status.

 

And you cannot file AP until you file i-485.

 

Also, you checked the “adjustment of status” box on i-130 and left the consular processing section blank?

 

How close is your husband to filing for naturalization? 

[April-bloom 0]

Thanks to the information you and Mike provided, I know CANNOT leave the US now until I get advance parole, which can only be filed along with I-485.

I did check the “adjustment of status” box on the i-130 and left the consular processing section blank.

 

My husband can file for naturalization in 2027. According to general answer, the naturalization process for U.S. citizenship takes an average of 18–24 months. 

In the worst-case scenario, I have to wait until 2028/2029 to convert the type of my I-485 to USC sponsor.

Hopefully, I don't have to wait that long.

 

 

[Mike E 11,739]

5 minutes ago, April-bloom said:

the naturalization process for U.S. citizenship takes an average of 18–24 months.

The average is under that now. Most cases seem to be 6 months or less.

Edited September 13, 2023 by Mike E