F2A & China case, what should I do after I-130 submission?

[computist 0]

As a GC holder's spouse currently working in the US with a J-1 VISA, I'm trying to determine the next steps in my GC journey. I'm in the priority category 'F2A' and 'CHINA-mainland born'.

 

1. 2024-8: I've submitted my I-130 and got the reciept with a priority date of 2024-8-15.

 

2. I've also submitted the specific application for a waiver of the 2-year home country stay requirement for many J-1 VISA holders (to both US DoS and my home country's embassy in the US). I'm currently waiting for their approvals.

 

3. I'm not sure what should happen next. But my current understanding is that as soon as the waiver of the 2-year home country stay requirement is approved, I'll get the approval notice from DoS on that, then I should somehow apply for a legal immigration status so I could stay in the US to be together with my spouse until I can get the GC eventually. But I'm not sure what exactly I should do.

 

VISA bulletin as of 2024-10:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-october-2024.html

 

Because my category is 'FA2' and 'CHINA-mainland born', the current final action date is 2021-11-22, and the current date for filing family-sponsored VISA application is 2024-7-15. (Please see the attached image and the dates pointed by the arrows.)

 

So my questions are:

 

Q1: Because my priority date is 2024-8-15, there is about 2 months of waiting time for filing VISA application. So if I wait until 2024-11 or 2024-12 when my priority date become valid for filing VISA application, should I submit I-485 or something else? If I submit I-485 will USCIS accept that?

 

Q2: The current final action date for my cateogry is 2021-11-22. If I need to wait for about 3 years until my priority date is valid for that final action, what can I do to stay in the US legally while waiting for that? I've already submitted I-130 and got reciept. My current VISA is J-1 which expires in 2025-7.

 

Q3: I've read on USCIS website and some law office's web pages that I might need to obtain a CR-1 VISA after my J-1 VISA expires, but what do I need to do to get that besides my already-filed I-130?

References:

 

* R1: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

* R2: https://www.uscis.gov/green-card/green-card-eligibility-categories

 

* R3: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

 

* R4: https://www.boundless.com/immigration-resources/how-to-read-the-visa-bulletin/
 

Edited October 9 by computist
minor improvements