F2A Guidance

[Traveller_123 2]

Good evening fellow VisaJourney-ers,

I am as excited as everyone who is in the F2A category, as get the good news that our spouses are able to come up sooner than expected.

I am pretty sure my question has been asked already, but here goes again and please I need valid information:

I am a LPR since December 2011 and my husband and I got married in August 2012 and we have not filed the I-130 as yet? But now with this new development, we will be doing so, by month end or by the beginning of August 2013. Please tell me what should we do? Should we file both the I-130 now and I485 or separately? If we do all this, how long should the entire process take, considering this new development?

Also, while he is being filed for, would he able to stay in the US with me? Or should he wait the time in our home country?

Thank you all in advance.

[aaron2020 11,651]

File the I-130 and I-485. Since the Priority Date is current in the F2a category, he qualifies to adjust his status.

[apple21 953]

Where is your husband now?

You can only file i-485 if he is in the US, of legal status of course.

If he is in his home country and will go thru consular processing, you cannot file i-485. He will have to wait there.

File i-130 ASAP.

[Traveller_123 2]

Ok thank you both, although two somewhat different answers.

@apple21, my husband is in our home country in Jamaica.

Well, I am so anxious to start filing the I-130, just hope it will come through quickly. Does anyone have any experience in how long it will take or a rough estimate, since this new thing is happening?

[aaron2020 11,651]

Your husband cannot file the I-485 to adjust since he is not currently in the US. You can pursue a spousal visa.

My original answer presumed your husband was in the US since you were asking the I-485.

Edited July 14, 2013 by aaron2020

[Traveller_123 2]

Good afternoon everyone,

Ok, so I went to an immigration lawyer. She advised me that my husband should come to the US and we file both I-130 and I-485 one month after his entry into the US. Due to the fact that it is current, he will be able to stay in the US legally and work with a work authorization, while awaiting his green card. And if for any reason, the priority date retrogresses, he will still be able to stay in the US legally and get his green card when his priority date comes around.

Also, is it possible for both my husband and I to file these forms without the need of an attorney. These attorney's fees are so high, it's not even funny. We were thinking of doing it on our own and if we need help, we will seek assistance. I need some more advice, I don't know what to do. And I don't want to spend a lot of money for just having the attorney looking on the forms and ensuring it is all correct and then send it in for us and then pay over $1000 for that.

Please help my fellow Visa-Journey-ers.

Thanks.

[ghdtpdna 0]

Hi Experts,

I am in the same boat as psygirl, except my spouse will be coming into the US legally end of July.

My question is if I should hire a lawyer to process this. The case is pretty straight forward but want to make sure what the recommendation is.

Also new to the site and is there a guide to concurrently filing i130 and i485 for F2A?

Thank you very much!

[belinda63 2,981]

And why would an F2A qualify to come to the US under false pretenses and then adjust status? Coming to the US on a tourist visa with the intent to remain is fraud. This is true for family members of LPRs and Citizens.

[ghdtpdna 0]

And why would an F2A qualify to come to the US under false pretenses and then adjust status? Coming to the US on a tourist visa with the intent to remain is fraud. This is true for family members of LPRs and Citizens.

Hi,

My spouse has an OPT which allow her to legally stay in the US.

[aaron2020 11,651]

Good afternoon everyone,

Ok, so I went to an immigration lawyer. She advised me that my husband should come to the US and we file both I-130 and I-485 one month after his entry into the US. Due to the fact that it is current, he will be able to stay in the US legally and work with a work authorization, while awaiting his green card. And if for any reason, the priority date retrogresses, he will still be able to stay in the US legally and get his green card when his priority date comes around.

Also, is it possible for both my husband and I to file these forms without the need of an attorney. These attorney's fees are so high, it's not even funny. We were thinking of doing it on our own and if we need help, we will seek assistance. I need some more advice, I don't know what to do. And I don't want to spend a lot of money for just having the attorney looking on the forms and ensuring it is all correct and then send it in for us and then pay over $1000 for that.

Please help my fellow Visa-Journey-ers.

Thanks.

It's visa fraud to enter the US on a non-immigrant visa (or VWP) with the intent to immigrate. Don't do this. You may not like the bad results.

[n4th4ly4 9]

Good afternoon everyone,

Ok, so I went to an immigration lawyer. She advised me that my husband should come to the US and we file both I-130 and I-485 one month after his entry into the US. Due to the fact that it is current, he will be able to stay in the US legally and work with a work authorization, while awaiting his green card. And if for any reason, the priority date retrogresses, he will still be able to stay in the US legally and get his green card when his priority date comes around.

Also, is it possible for both my husband and I to file these forms without the need of an attorney. These attorney's fees are so high, it's not even funny. We were thinking of doing it on our own and if we need help, we will seek assistance. I need some more advice, I don't know what to do. And I don't want to spend a lot of money for just having the attorney looking on the forms and ensuring it is all correct and then send it in for us and then pay over $1000 for that.

Please help my fellow Visa-Journey-ers.

Thanks.

my husband only pay 100$ for attorney just to look at the form, before sending it.

you should do it by your self, not so difficult if u have a good English and like to do some research.

http://www.visajourney.com/forums/topic/439000-nvc-filers-july-2013/?st=0

Edited July 17, 2013 by n4th4ly4