F2a - concurent filing of I-130 & I-485 is LEGAL!!!!

[aaron2020 11,651]

Lots of wrong information about qualifying to file the I-130 and I-485 concurrently in the US.

First, there is no forgiveness of visa overstays for spouses of LPRS - so, the beneficiary must be in the US legally when the I-130 and I-485 are filed.

Second, read the instructions for Form I-485 on who can file. Notice the Part 1 and in particular subpart B on "Who May File Form I-485." A completed relative petition is the completed I-130. IF APPROVED, an immigrant visa number is immediately available because on August 1, 2013, all F2a cases will be current. This means you can file concurrently.

Here are the links to the original materials.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[Harpa Timsah 13,258]

Yes Aaron, this may be the case next month, but it has not been the case for many years.

Hence the easier-to-understand instructions that it's only for USCs. I see that made you mad, but I know I, at the least, was trying to keep things simple for a confused OP.

It's good that the new bulletin was brought up. It will be interesting to see how long "current" lasts...

[aaron2020 11,651]

Yes Aaron, this may be the case next month, but it has not been the case for many years.

Hence the easier-to-understand instructions that it's only for USCs. I see that made you mad, but I know I, at the least, was trying to keep things simple for a confused OP.

It's good that the new bulletin was brought up. It will be interesting to see how long "current" lasts...

I am not mad. Just frustrated that the wrong information is repeated again and again in different posts.

I've provided links to back up what I say. It gets frustrating when people with no proof who think they have the answers offer opinions as facts.

To all those who say that people cannot file concurrently in August, please provide proof.

The purpose of our posts is to help people, not give them wrong information. Just don't be the guy giving out opinions as facts - don't be that guy.

Edited July 17, 2013 by aaron2020

[sam271985 7]

I am not mad. Just frustrated that the wrong information is repeated again and again in different posts.

I've provided links to back up what I say. It gets frustrating when people with no proof who think they have the answers offer opinions as facts.

To all those who say that people cannot file concurrently in August, please provide proof.

The purpose of our posts is to help people, not give them wrong information. Just don't be the guy giving out opinions as facts - don't be that guy.

Thanks for sharing this information...!

I am also so confused about this and dont know what to do?

I m here on F1 visa and i applied i-130 in feb 2013 and my wife is LPR holder...!

[aaron2020 11,651]

Thanks for sharing this information...!

I am also so confused about this and dont know what to do?

I m here on F1 visa and i applied i-130 in feb 2013 and my wife is LPR holder...!

On August 1, you should file the I-485 to adjust.

Good luck.

[sam271985 7]

On August 1, you should file the I-485 to adjust.

Good luck.

Thanks...!

[sam271985 7]

Lots of wrong information about qualifying to file the I-130 and I-485 concurrently in the US.

First, there is no forgiveness of visa overstays for spouses of LPRS - so, the beneficiary must be in the US legally when the I-130 and I-485 are filed.

Second, read the instructions for Form I-485 on who can file. Notice the Part 1 and in particular subpart B on "Who May File Form I-485." A completed relative petition is the completed I-130. IF APPROVED, an immigrant visa number is immediately available because on August 1, 2013, all F2a cases will be current. This means you can file concurrently.

Here are the links to the original materials.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

do you know anyone who did i-485 with pendind I-130 in the past?

And he approved?

[aaron2020 11,651]

do you know anyone who did i-485 with pendind I-130 in the past?

And he approved?

I do not know anyone who has file concurrently.

It's rare for the PD to be current all beneficiaries in a particular category. This is why there is confusion because it rarely happens.

[Harpa Timsah 13,258]

do you know anyone who did i-485 with pendind I-130 in the past?

And he approved?

This is ONLY possible when the priority date is current, which has not happened in a long while. Apparently it will happen next month.

[f2a485 9]

Lots of wrong information about qualifying to file the I-130 and I-485 concurrently in the US.

First, there is no forgiveness of visa overstays for spouses of LPRS - so, the beneficiary must be in the US legally when the I-130 and I-485 are filed.

Second, read the instructions for Form I-485 on who can file. Notice the Part 1 and in particular subpart B on "Who May File Form I-485." A completed relative petition is the completed I-130. IF APPROVED, an immigrant visa number is immediately available because on August 1, 2013, all F2a cases will be current. This means you can file concurrently.

Here are the links to the original materials.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Thanks Aaron, I have posted multiple links about this but people keep spewing out wrong information. Some people go as far as saying that only immediate relatives of USC can adjust in the US:))

This is common sense. The question I keep asking is that why is it that people in Employment Based category 1 (EB1) can file concurrently and others such as EB 3 cannot? The simple answer is that EB 1 is usually current ie visa available immediately while EB 3 is never current, reason while they cannot file concurrently. In 2007 when the dept of state accidentally published the visa bulletin that all employment based category will be current in their July 2007 bulletin, everyone in EB 3 filed concurrently and there was no problem (if you need more infos on this google "July 2007 fiasco visa bulletin". So now that F2A has become current there is no rational while beneficiaries residing in the US cannot file concurently.

The only difference to that of an immediate relative of a USC is that you must be legally residing in the US and has not violated your status such as an overstay.

[happygiverny 0]

Here is my proof that I-130/485 CANNOT be filed concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Who can file concurrently?

Concurrent filing is allowed in the following instances:

• Immediate relatives of U.S. citizens living in the United States
• Most employment based applicants and their eligible family members when a visa number is immediately available
• Special Immigrant Juveniles
• Self petitioning battered spouse or child if
  • The abusive spouse or parent is a U.S. citizen, or
  • If an immigrant visa number is immediately available
• Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

None of these applies to F2A.

A lot of people interpret "if an immigrant visa number is immediately available" is a stand-alone category. It is not, because of the "or" at the end of the previous line. Read the sentences carefully.

I am not mad. Just frustrated that the wrong information is repeated again and again in different posts.

I've provided links to back up what I say. It gets frustrating when people with no proof who think they have the answers offer opinions as facts.

To all those who say that people cannot file concurrently in August, please provide proof.

The purpose of our posts is to help people, not give them wrong information. Just don't be the guy giving out opinions as facts - don't be that guy.

[happygiverny 0]

This is NOT common sense. Read my reply regarding who may flle concurrently.

The fundamental difference between employment-based versus family-based is that:

Employment-based concurrent filing is mentioned explicitly; while no where it mentions F2A

This is common sense. The question I keep asking is that why is it that people in Employment Based category 1 (EB1) can file concurrently and others such as EB 3 cannot? The simple answer is that EB 1 is usually current ie visa available immediately while EB 3 is never current, reason while they cannot file concurrently. In 2007 when the dept of state accidentally published the visa bulletin that all employment based category will be current in their July 2007 bulletin, everyone in EB 3 filed concurrently and there was no problem (if you need more infos on this google "July 2007 fiasco visa bulletin". So now that F2A has become current there is no rational while beneficiaries residing in the US cannot file concurently.

The only difference to that of an immediate relative of a USC is that you must be legally residing in the US and has not violated your status such as an overstay.

[f2a485 9]

I guess we will have all find out August 1st huh?

I know of someone that has done this before. His priority date became current and his I-130 was still pending and he filed 485 successfully.

[sam271985 7]

I guess we will have all find out August 1st huh?

I know of someone that has done this before. His priority date became current and his I-130 was still pending and he filed 485 successfully.

Hey, did u get ur i-130 approve?

It seems like VSC is sleeping ..!!

people from CSC is getting approved from nov,oct etc..!

VSC sucks...!

[f2a485 9]

Hey, did u get ur i-130 approve?

It seems like VSC is sleeping ..!!

people from CSC is getting approved from nov,oct etc..!

VSC sucks...!

I did not get my 130 approved yet, it doesn't matter to me because I am filing August first. My congressman office says will follow up again on August 1st once the bulletin becomes current.

Yeah VSC sucks at this point. A couple of weeks back VSC was ruling and CSC sucked. Right now it's the reverse, hopefully VSC can get their act together.

The most fascinating thing with this process is the speed at which they catch in your checks once you submit your application and then put it on the shelf for years:))