I-130 PD for F2B + AOS questions

[ybc 19]

hi

i filed I-130 under 245i in F2B category. I-130 was received on 09/10 approved 4/11.

Is PD based on receipt notice or approval notice date ? it's 7 months apart but i'd like to know which date to use as PD for filing (dates for filing). i don't want it to get denied if i file based on receipt notice.

I-485 requires I-130 APPROVAL notice. I can not find it and only have I-130 RECEIPT notice. Would that be sufficient for AOS packet ? I could include the uscis EAD case # screenshot that shows that the application was approved as well (i've read on some forums that this could work). I did send FOIA request email but that could take months to receive.

another question i have is since i'm filing under 245i can i also apply for EAD?

Thanks in advance for any information.

[Pitaya 2,576]

~Moved from Fam-based AOS for Bring.Fam.Memb. of LPR to America Forum~

~Similar topics are discussed at this forum.~

[Hypnos 6,576]

Priority Date is assigned by the date of receipt; you can see it listed on the I-130 receipt notice.

How are you 245(i) if you only filed in 2010?

I-485 doesn't require I-130 approval notice, only that your I-130, pending or approved, is current, for aliens who aren't immediate relatives of a US citizen.

[ybc 19]

thanks Hypnos

I guess the confusion can be cleared by little backstory.

Father filed for LC before 4/30/2001 and then I-140 with my family and myself as immediate relatives. However due to lawyers late filing USCIS denied just me because of "age out". Brother and mother obtained GCs.

245i allows me to be grandfathered so I'm hoping to AOS under it.

So my PD is 9/10 (I-130 RECEIPT NOTICE) which means I can file now since DATES FOR FILING is 08FEB11?

Also if filed what happens after that? Does it get approved but notification not sent until F2B FINAL ACTION date is met ? Is it sitting in the queue until the FA date ? I'm getting I-693 (Medical Exam) done today which is only good for 1 year ? I don't want it to expire by the time they get to my application.

Also would I be able to file for EAD under the circumstances of my application ? that I can include in AOS packet, which I'm still putting together?

The reason I asked about the copy of I-130 APPROVAL NOTICE is because i visited this website which says it's needed

http://www.***removed***/greencard/adjustmentofstatus/application.html however i looked at the I-485 instructions it's not mentioned there.

Thanks again I appreciate all your help

[Hypnos 6,576]

For September, USCIS is using the "final application date" .

https://www.uscis.gov/visabulletininfo

However, for October, they're using "dates for filing".

If you aren't from Mexico or the Philippines then you'd be eligible to submit your I-485 in October, since your priority date would then be eligible under the "dates for filing" chart in October's visa bulletin.

You can (and should) apply for an EAD and AP at the same time as you submit your I-485, so be sure to complete an I-131 and an I-765 also.

It would probably be useful to have the I-130 approval notice, but you'll likely be ok with just the receipt notice. They can easily look up the I-130 in their system and see that it was already approved.

[ybc 19]

Yes it does look like i'll be able to file the AOS packet in october since they're using "dates for filing" as you stated and i fall under "All Chargeability Areas Except Those Listed".

I will fill out EAD application. Am I correctly assuming this should be the ©(9) category ? Also i'm not sure if AP will do me anything good as ive read that most people advise to be cautious about using it when I485 is pending.

I did my medical exam today and will pick it up on Tuesday 4/10/16 and will try to assemble the packet by Friday. Is there any info as to what office supplies should be used / envelope to put together the applications? Cover letter with index of the documents/applications ? Also anything special written on the envelope besides mine/USCIS address ? also what type of postage? signature confirmation? thanks for the continuous help!

[Hypnos 6,576]

Yes, C-9.

An AoS applicant with a pending I-485 can usually use AP without issue.

You can see general filing tips here: https://www.uscis.gov/forms/forms-and-fees/tips-filing-petitions-and-applications-national-benefits-center

[ybc 19]

thanks again for the info Hypnos. I do have additional questions about the I-864 Affidavit of Support.

18a asks if petitioner/sponsor (my father) filed taxes for the last three years. He did and i have copies but only for 2015 and 2014. Can i safely check that box off ?

Now in 18b it says if i can provide copies of the returns for all three years. Since i only have two do i check it and provide just two years or don't check it and provide just 2015?

then 19abc asks for years and income for last three years. i can provide #s for 2015 and 2014, he did file in 2013 but can't locate the return for that. Do i have to fill out 19c? Can i just put 2013 in and his "guesstimated" income which is similar to the years i have ? or would i be better off leaving it blank. Wouldn't that contradict the answer in 18a though ? Should i leave it blank and attach explanation?

Thanks for any insights

Edited October 7, 2016 by ybc

[aleful 1,905]

hi

no AP under the 245i law, he can't leave or the law will be broken., he won't be covered anymore, I adjusted under the 245i law, my usc mom filed for me

once you get your GC you can leave

[Hypnos 6,576]

Now in 18b it says if i can provide copies of the returns for all three years. Since i only have two do i check it and provide just two years or don't check it and provide just 2015?

then 19abc asks for years and income for last three years. i can provide #s for 2015 and 2014, he did file in 2013 but can't locate the return for that. Do i have to fill out 19c? Can i just put 2013 in and his "guesstimated" income which is similar to the years i have ? or would i be better off leaving it blank. Wouldn't that contradict the answer in 18a though ? Should i leave it blank and attach explanation?

I'm not an expert on I-864s since I didn't have to file one, but if you only have two years then I don't think you would be able to check the "three years" box.

hi

no AP under the 245i law, he can't leave or the law will be broken., he won't be covered anymore, I adjusted under the 245i law, my usc mom filed for me

once you get your GC you can leave

I don't believe this is correct.

Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a pending I-485 who has been granted Advance Parole. Once the I-485 has been filed and accepted for processing by USCIS, the alien enters a new period of authorised presence which persists until the I-485 is adjudicated. They would be eligible for interim benefits, such as AP and an EAD, based upon the pending I-485.

http://asianjournal.com/immigration/ina-245i-and-inadmissibility/ indicates that my interpretation is correct.

Edited October 7, 2016 by Hypnos

[ybc 19]

thanks Hypnos and aleful. i started a new thread regarding I-864

http://www.visajourney.com/forums/topic/612470-i-864-question-for-lpr-sponsoring-unmarried-son-over-21/?p=8336485

i did incur overstay time and unsure if i'd like to risk flying out even with AP in hand. there's a couple threads here and there with successful travel even in my situation but most advise against it. thanks for everyone's help and i will post any additional questions.

[Hypnos 6,576]

I certainly wouldn't travel if it wasn't absolutely necessary, but I'd say the same thing to anyone thinking of travelling on AP. Whilst the vast majority of the time you will be fine, there will always be edge cases where that isn't the case.