Unapproved I-30 after moving to the US

[Beejaybm 2]

Hi house,

My husband (a LPR) petitioned for a I-130 for me in December 2022 which is unapproved as of today. At the time, I was pregnant. 
As of today, we have a baby boy who is almost 1 year old and we are in the US on a TN visa (TD visa for my boy). 
Question: Does this affect our I-130 in any way? I am asking this because if we were outside the US, we would have applied for a green card from abroad but now, we will be doing an AOS. Do we need to do anything such as inform USCIS as regards the I-130?

Thanks

[OldUser 7,004]

On 2/7/2024 at 10:17 AM, Beejaybm said:

Hi house,

My husband (a LPR) petitioned for a I-130 for me in December 2022 which is unapproved as of today. At the time, I was pregnant. 
As of today, we have a baby boy who is almost 1 year old and we are in the US on a TN visa (TD visa for my boy). 
Question: Does this affect our I-130 in any way? I am asking this because if we were outside the US, we would have applied for a green card from abroad but now, we will be doing an AOS. Do we need to do anything such as inform USCIS as regards the I-130?

Thanks

You have an approved I-130 in order for I-485 to be approved and Green Card issued.

 

What was the reason for denial? Is this what you mean by "unapproved" I-130?

 

Or do you mean I-130 is still pending? If pending, I-485, I-765, I-131 and other forms can be filed with a copy of that pending I-130 receipt. This will link the two cases together.

 

How long ago did you enter the US?

 

Also, are you sure you're eligible to adjust status? Your priority date may not be current! Make sure to check visa bulletin for your category before attempting to adjust. 

Edited February 10 by OldUser

[OldUser 7,004]

Looks like the priority date for F2A category is 22JUN20

 

Meaning you CANNOT adjust in the US for another few years, until they start processing cases file in December 2022.

 

 

Also, what about I-130 for the child? Is it on file already?

Edited February 10 by OldUser

[SalishSea 17,980]

On 2/7/2024 at 10:17 AM, Beejaybm said:

Hi house,

My husband (a LPR) petitioned for a I-130 for me in December 2022 which is unapproved as of today. At the time, I was pregnant. 
As of today, we have a baby boy who is almost 1 year old and we are in the US on a TN visa (TD visa for my boy). 
Question: Does this affect our I-130 in any way? I am asking this because if we were outside the US, we would have applied for a green card from abroad but now, we will be doing an AOS. Do we need to do anything such as inform USCIS as regards the I-130?

Thanks

You’re not eligible to adjust status.

[Beejaybm 2]

Why do you say so, if I may ask?

[Beejaybm 2]

On 2/9/2024 at 9:46 PM, OldUser said:

Looks like the priority date for F2A category is 22JUN20

 

Meaning you CANNOT adjust in the US for another few years, until they start processing cases file in December 2022.

 

 

Also, what about I-130 for the child? Is it on file already?

Yes, you are correct, the I-130 is still pending. I came on a TN visa into the US in October 2023. The child was not born when we filed the I-130. I thought we could do his adjustment of status together with mine as he is a derivative. 

So, you are saying adjustment of status can not be done until your priority date is current? I assumed I could do adjustment of status and get an advanced parole or work authorization while waiting for the green card already 

Thanks

[Crazy Cat 41,985]

41 minutes ago, Beejaybm said:

So, you are saying adjustment of status can not be done until your priority date is current?

For the spouse of a Green Card holder, that is correct.  

Edited March 7 by Crazy Cat

[Beejaybm 2]

I saw this on uscis website. If one wants to file now, September 2023 priority date folks can do that. But I’m confused. So many conflicting info. See link below

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-98

 

[Boiler 45,753]

Family- Sponsored	All Chargeability  Areas Except Those Listed
F1	01SEP17
F2A	01SEP23

[caler355 1]

On 2/10/2024 at 3:46 AM, OldUser said:

Looks like the priority date for F2A category is 22JUN20

 

Meaning you CANNOT adjust in the US for another few years, until they start processing cases file in December 2022.

 

 

Also, what about I-130 for the child? Is it on file already?

It's not correct to say the poster will have to wait a couple of years, if you go back over the visa bulletins it can move forward over a year or more between two visa bulletins. Yes it can go back for sure, for example from August 2023 to the present day, the priority date has moved foward 3 years in 7 months.