F2A Spouse of LPR_I130 filed September 2013

[john.smith 5]

Your I-130 might get processed/ approved and I485 will be processed to a certain stage (Preadjudicated) assuming your I485 is clean (ie: No RFE's and so forth). They will not approve I-485 until your PD becomes current.

thanks for you reply.

I am wondering why would they even process those applications when PD are not current? They do have lots of other applications to process, why would they spend their time doing applications whose PD are not current!?

It seems logically that they process those applications only if they have time - if they are not busy with applications whose PD are current.

[DeW_DrOpS 21]

Heyyy...Guys.....I am new in this thread.....I am a Permanent resident and will be filing for my wife next week, please do add me in the list of people who have filed for their spouses....My Native country is INDIA....

Thankssss

[mahdieh360 3]

Hi

my husbands green card was lost before he even gets it and he is in process of renewal. when we sent the I130 application, we only sent the passport stamps. he is still in inital review. does anybody know this will result in my case rejection?

[glemette 2]

Hi guys!thank God just got my NOA2 today...what's my next step?

[Mrs Tams 5]

thanks for you reply.

I am wondering why would they even process those applications when PD are not current? They do have lots of other applications to process, why would they spend their time doing applications whose PD are not current!?

It seems logically that they process those applications only if they have time - if they are not busy with applications whose PD are current.

There are three (3) stages:

1. USCIS approves the petition

2. NVC handles the VISA application

3. Consulate approves the VISA and embassy prints it

USCIS will review and approve the petition and then send it to NVC. It is at this stage when it matters whether or not ure priority date is current since the VISA will not be issued until it is.

So, for example - persons being petitioned under the F1 category (Unmarried Sons and Daughters of US Citizens) who have a wait time of 7 years for most countries will still have their petitions reviewed. After they are approved, a letter is mailed confirming this, but stating that a VISA number is not yet available. The petition will be sent off to NVC where it will be "stored" until around the 6th year when according to their "in-house predictions", a VISA number will become available. After this, both the petitioner and beneficiary are contacted and the process continues. ~~~

[john.smith 5]

@Miss Tams

I am not sure that we are at the same page. Anyway thank you for your response.

What I was telling is that a person is already within the US, doing AOS - i-130 and i-485, but the visa category retrogressed. So, the person filed AOS while the visa was current. My question is why would the immigration even process those applications since they have lots of other application, whose visa numbers are available.

[Mrs Tams 5]

@Miss Tams

I am not sure that we are at the same page. Anyway thank you for your response.

What I was telling is that a person is already within the US, doing AOS - i-130 and i-485, but the visa category retrogressed. So, the person filed AOS while the visa was current. My question is why would the immigration even process those applications since they have lots of other application, whose visa numbers are available.

Oh, OK. Well, for clarity, the visa bulletin did not regress. The date has just remained the same since September.

They would still go ahead and process the petition because it was filed when a visa number was available. Since the priority date (PD) was "current" at the time, they'd still qualify because their PD would be before Sep. 8, 2013. It's if the VB goes back to let's say July 8, 2013, then they would not qualify until their PD becomes current again.

As the Dept. of State has stated, it will remain at Sep. 8, 2013 for a few months. I guess this is to accommodate the visas that will be used up by persons who are adjusting status, and then they'll check their stats and move on from there. ~~~

[john.smith 5]

@Miss Tams

Again, I think that you do not see the whole picture...

F2A was current till October 1, and then it did retrogress back to September 8 in October. To say it one more time: the F2A category retrogressed in October back to SEP 8. Meaning that the people who filed from SEP8 till OCT 1 (but not including OCT 1) filed while F2A was current. So, now their PD are not current, but they filed while F2A was current. Do you get it now?

The immigration might be processing those applications filed from SEP8 till OCT1 if they have 'free' time.

I am wondering if here is anybody who KNOWS that his-her I-485 is being processing, provided that I-485 was flied between SEP8 OCT1?

Edited November 10, 2013 by john.smith

[vkrishn 97]

I don't think there is an easy way to get that info unless you file for FOIA. I did file FOIA in 2010 for my EB based I485 for a different reason and USCIS sent me a CD of about 170 pages including snap shots of different screens/departments who handled my case with in USCIS. Names of Immigrant officers who looked at my case and even the one who requested for Immigrant Visa from DOS. Do keep in mind that it takes 3-4 months for USCIS to send you the CD based on your FOIA request.

My I485 was preadjudicated after about 3 months of filing(filed in July 2007 fiasco) and was waiting for an immigrant visa number since my PD wasn't current.

You could also take an infopass and enquire but i doubt you will get anything more than "It is in process". One other way would be to check for any "Soft LUD" on your case in the USCIS website after creating a portfolio.

[Mrs Tams 5]

@Miss Tams

Again, I think that you do not see the whole picture...

F2A was current till October 1, and then it did retrogress back to September 8 in October. To say it one more time: the F2A category retrogressed in October back to SEP 8. Meaning that the people who filed from SEP8 till OCT 1 (but not including OCT 1) filed while F2A was current. So, now their PD are not current, but they filed while F2A was current. Do you get it now?

The immigration might be processing those applications filed from SEP8 till OCT1 if they have 'free' time.

I am wondering if here is anybody who KNOWS that his-her I-485 is being processing, provided that I-485 was flied between SEP8 OCT1?

I do understand what ure saying and I did answer in my previous post. It doesn't matter if the person is adjusting status or going through consular processing. If the PD is not before Sep 8, 2013, they will not get the green card/immigrant visa.

Did it really? No, it did not retrogress, it remained on a September date. Again, USCIS will look at the petition regardless if the PD is current or not. How else will they know unless they look at the file? It has nothing to do with "free time".

This is where I think the confusion comes in. We are no longer in September when the PD was "current". So if someone was able to file to adjust status within that mth and get their green card, good for them!

We are now in November. So, those who filed the I-485 to adjust status on or after Sep 8, 2013 will not get their green cards until their priority dates become current again, that is anything AFTER Sep 8, 2013. They'll just have to wait "in limbo" so to speak. ~~~

[LPR_filer 2]

I am wondering if here is anybody who KNOWS that his-her I-485 is being processing, provided that I-485 was flied between SEP8 OCT1?

From another forum i'm aware of few cases who filed I-130 & I-485 concurrently between Sept 8th and Sept 30, 2013.... and whose 485 changed to Testing & Interview status in the past 2 weeks.... I believe one of them even has an interview scheduled on Dec 10th 2013.

My impression is their case will be pre-adjudicated but they might be receiving a green card only in future when the visa numbers might be available with no more administrative processing necessary in future.

[john.smith 5]

@LPR_filer

Thank you. That is all I wanted to know.

[Johnnoskinner 7]

whooooooo !!!!!

Hello guys my I just receive an Email that my case was approved now I waiting my NOA2 hard copy on the mail , My pd is Sept 30,2013 and my case was assigned to VSC

I wonder when vb will be current for me

[vlad77 9]

whooooooo !!!!!

Hello guys my I just receive an Email that my case was approved now I waiting my NOA2 hard copy on the mail , My pd is Sept 30,2013 and my case was assigned to VSC

I wonder when vb will be current for me

CONGRATS!!!!

[Kittykait 0]

Hey guys! Csc approved fast, my pd is sept 26,2013, got approved oct 21,2013.. Lets wait and pray harder for the vb nxt month..