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paulyt22

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

By paulyt22 in Adjustment of Status from Work, Student, & Tourist Visas

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paulyt22 Rookie

paulyt22   0

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Hi everyone, apologies if I've posted in the wrong place however I'm trying to find out what the correct eligibility category I am in for form i765. I obtained my green card through VAWA and am currently sponsoring my spouse who is on a Q1 visa. From what I can make out it would be c9, as we are concurrently filing. Is anyone able to weigh in? Thank you! 

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Timona Experienced

Timona   4,207

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Unless I'm outdated, as a GC holder, you can't do concurrent filing. That loophole got closed few months back..

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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paulyt22 Rookie

paulyt22   0

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Hi everyone, apologies if I've posted in the wrong place however I'm trying to find out what the correct eligibility category I am in for form i765. I obtained my green card through VAWA and am currently sponsoring my spouse who is on a Q1 visa. From what I can make out it would be c9 or c36, as we are concurrently filing. Is anyone able to weigh in? Thank you! 

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  • Crazy Cat changed the title to Correct eligibility (Merged Topics)
TBoneTX Grand Master

TBoneTX   45,260

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Pauly, please avoid starting multiple threads on related topics.  If you have an earlier thread, continue with questions in that one.  Thanks for your attention.  :) 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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paulyt22 Rookie

paulyt22   0

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Hello, I'm having a lot of trouble understanding current immigration laws. Basically I obtained my green card through VAWA, I'm marrying my fiancee next week and sponsoring my wife who is currently on a Q1 visa. I just spoke to the live chat on uscis and they said she is not eligible for a green card. I have been sent in to full panic mode now and just need a few things clearing up.

1. Is my wife able to concurrently file i485 and i130 whilst she is currently on her q1 visa.

2. She does not have to return to the UK and file i130 and wait for approval

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Boiler Grand Master

Boiler   45,451

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You can file the I 130 but she can not file to adjust until her PD is current.

 

How long does she have on her Q1?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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milimelo Veteran

milimelo   4,475

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~Two topics on the same issue started by OP merged. Don't start another topic and keep all question in this one.~

VJ moderation

ROC 2009
Naturalization 2010

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Boiler Grand Master

Boiler   45,451

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1 hour ago, paulyt22 said:

Me and my spouse got together way after I was separated with my previous wife. I understand the visa bulletin, I just need to know the eligibility category

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OldUser Veteran

OldUser   6,614

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According to this website 

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

 

"individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. "

 

She should be under F2A category.

According to table on the website, she cannot adjust her status, because the backlog is several years.

 

I'd recommend CR-1

Edited by OldUser
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SalishSea Grand Master

SalishSea   17,809

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1 hour ago, paulyt22 said:

Me and my spouse got together way after I was separated with my previous wife. I understand the visa bulletin, I just need to know the eligibility category

Actually, I don’t think you do understand the visa bulletin…..

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Timona Experienced

Timona   4,207

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1 hour ago, paulyt22 said:

my spouse is able to as she is still in the USA on a valid visa. I'm just trying to figure out what her eligibility code would be

 

1 hour ago, Boiler said:

You can file the I 130 but she can not file to adjust until her PD is current.

 

How long does she have on her Q1?

 

You cannot do concurrent filing. 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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  • Crazy Cat changed the title to LPR Spouse (F2A) Adjustment of Status Questions (Merged)
Mike E Grand Master

Mike E   11,739

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4 hours ago, paulyt22 said:

Hello, I'm having a lot of trouble understanding current immigration laws. Basically I obtained my green card through VAWA, I'm marrying my fiancee next week

 

Do you recall this?

 

On 6/22/2023 at 2:43 AM, Mike E said:

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.

Well, as of the September 2023 visa bulletin your future wife and you cannot file I-485.

 

You needed to attend to this by August 15, 2023 to have had any chance at I-485. 
 

You might get good news this week with the October 2023 visa bulletin.

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