LPR Spouse (F2A) Adjustment of Status Questions (Merged)

[paulyt22 0]

Hello everyone apologies if I haven’t done this correctly but I have a question. 
I’m a permanent resident and my wife is from the uk currently on a visa in America. We are married and I’m sponsoring her. Am I able to file the i130 and i485 together in the same packet? Thank you!

Edited September 11, 2023 by Crazy Cat

[Mike E 11,739]

Yes. But you need more than tgose two forms

 

. 

[paulyt22 0]

17 minutes ago, Mike E said:

Yes. But you need more than tgose two forms

 

. 

I can’t seem to find the part about filing together. Is it in that attachment you have included? I’ve read online we need to file i130 first but can’t seem to validate it

[Boiler 45,451]

You only file together if she wishes to adjust

 

What sort of visa is she on?

[Mike E 11,739]

5 minutes ago, paulyt22 said:

I can’t seem to find the part about filing together. Is it in that attachment you have included? 

From the link I gave you it says:

 

Add an overall cover page:

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc).

 

I am going seem harsh here. You were unable to discern this relatively simple facet from reading the guide.

 

1. Are you certain you are up to the task of a DIY I-485 process? 
 

Especially since:

 

37 minutes ago, paulyt22 said:

I’m a permanent resident and my wife is from the uk

 I-485 when the petitioner is not a U.S.  citizen is tricky in general. These days because the Final

Action date for that category is no longer current,  it is even trickier. The date has regressed, and it appears  it will be  at least 3 years before USCIS considers her case. I think 6 years before she gets an interview or approval. See 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html
 

Keep in mind that unauthorized presence is not forgiven when the petitioner is not a U.S. citizen. 
 

2. BTW does your wife have an actual visa or is she here on an ESTA?

 

3. When can you apply for U.S. citizenship?

 

 

[paulyt22 0]

8 minutes ago, Boiler said:

You only file together if she wishes to adjust

 

What sort of visa is she on?

She’s on a Q1 visa. She will be in status at the time of filing 

[paulyt22 0]

5 minutes ago, Mike E said:

From the link I gave you it says:

 

Add an overall cover page:

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc).

 

I am going seem harsh here. You were unable to discern this relatively simple facet from reading the guide.

 

1. Are you certain you are up to the task of a DIY I-485 process? 
 

Especially since:

 

 I-485 when the petitioner is not a U.S.  citizen is tricky in general. These days because the Final

Action date for that category is no longer current,  it is even trickier. The date has regressed, and it appears  it will be  at least 3 years before USCIS considers her case. I think 6 years before she gets an interview or approval. See 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html
 

Keep in mind that unauthorized presence is not forgiven when the petitioner is not a U.S. citizen. 
 

2. BTW does your wife have an actual visa or is she here on an ESTA?

 

3. When can you apply for U.S. citizenship?

 

 

Yes my wife is here lawfully on a Q1 visa. I have never been unlawful in the United States. I can apply in 2 years

[Mike E 11,739]

19 minutes ago, paulyt22 said:

Yes my wife is here lawfully on a Q1 visa. I have never been unlawful in the United States. I can apply in 2 years

So Q-1 is an obscure visa for me, and I had not heard of it until today. But it explains all the foreign workers at Epcot.

 

I have tried to some  web searching, and I cannot confirm either way that adjustment of status is possible from a Q-1. Given she has a 15 month stay, you likely have time to give it a try if you still want to DIY. I-485s where the alien is not eligible due to visa category tend to get denied in under a year.

[Boiler 45,451]

Q is sort of like a J, I assume there is no 2 year HRR. Only thing I can think of that could be an issue. Assuming the Visa Bulletin does not change before you file.

 

Definitely a rare beast.

[Dashinka 24,483]

Will the F2A be current to AOS?  Or maybe I should have asked, does the F2A need to be current to AOS?

[Mike E 11,739]

2 minutes ago, Dashinka said:

Will the F2A be current to AOS?  Or maybe I should have asked, does the F2A need to be current to AOS?

For reasons that defy logic, USCIS is still allowing F2A I-485 at least through the end of July 2023, as per the visa bulletin from DoS and USCIS’s statement for July 2023.

 

It is going to be hellish renewing EAD and AP for next 6 years. And the new fees are hideous: no more free EAD and AP.
 

But perhaps not as bad as being separated for that length of time.

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum ***

 

[SalishSea 17,809]

10 hours ago, Mike E said:

Keep in mind that unauthorized presence is not forgiven when the petitioner is not a U.S. citizen. 
 

Would prior unauthorized presence be retroactively forgiven when the petitioner naturalizes?

[Mike E 11,739]

2 minutes ago, SalishSea said:

Would prior unauthorized presence be retroactively forgiven when the petitioner naturalizes?

My understanding is, yes.

[Boiler 45,451]

Yes