F2A 2018 AOS Filers

[Tenreyro 174]

Sorry for the lengthy post.

It is a mini-essay, please feel free to disagree, I open my arms to discuss any matter, and any opinion is welcomed.

[Bfree3 132]

I agree with Tenreyro as always. I honestly am not worrying about the EAD right now because the AOS has been accepted and is processing.  

[QAF2A 27]

Thank you @Tenreyro, it's a beautiful piece you've written! So encouraging for our situation.

I guess I have to admit that we have been accepted and they would not issue and EAD card for us due to some mistake(That was what I was afraid of ).

I agree with your analysis on what happens with other F2A AOS filers. I'm sure most applications go right, and only people with fear or met with rare occurrences would want to discuss their situation. As you pointed out, we do not get to see what happened to them after, but the silence from them means that everything probably went well.

Thank you for clearing up the stages of AOS processing for F2A category. We are waiting for background checks to be done now. Here in Chicago, IL, it takes 11.5 to 32 months for family based AOS processing. Hope we are the normal ones!

@Bfree3 we’ll hope for the best and wait patiently.

[QAF2A 27]

Do you know where I could find the info that it lists the benefits of I-485 pending?(About the authorized stay part)

I have of course read it on a few sites, but I want to find a credible original source(For example, USCIS website, policy manual, etc..)

 

[Tenreyro 174]

3 hours ago, QAF2A said:

Do you know where I could find the info that it lists the benefits of I-485 pending?(About the authorized stay part)

I have of course read it on a few sites, but I want to find a credible original source(For example, USCIS website, policy manual, etc..)

 

Actually @QAF2A, reading through to find where it was mentioned on the Policy Manual I found something very specific and a little troubling. Authorized stay, in a way, is granted after the petition is approved, the AOS.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

 

However, you would still be in authorized stay when it is pending, only it would not be unlawful unless the petition is denied. So, yes, going back to a question you made before, the safest choice would be to maintain the H1B. Only if you have a doubt that USCIS might question your Application, or just for your peace of mind.

 

Sorry if I said something before that now the Policy Manuak rectifies. I am a practical optimistic, I always believe everything will turn out fine, but I am mentally prepared that I'll go to that interview with a really big folder of evidence. 

[QAF2A 27]

1 hour ago, Tenreyro said:

Actually @QAF2A, reading through to find where it was mentioned on the Policy Manual I found something very specific and a little troubling. Authorized stay, in a way, is granted after the petition is approved, the AOS.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

 

However, you would still be in authorized stay when it is pending, only it would not be unlawful unless the petition is denied. So, yes, going back to a question you made before, the safest choice would be to maintain the H1B. Only if you have a doubt that USCIS might question your Application, or just for your peace of mind.

 

Sorry if I said something before that now the Policy Manuak rectifies. I am a practical optimistic, I always believe everything will turn out fine, but I am mentally prepared that I'll go to that interview with a really big folder of evidence. 

Thanks for your reply! I think we’ve understand it right the whole time. If our AOS will eventually be approved, we can choose to go out of the current status and be in authorized stay. But on the other hand if the AOS somehow goes wrong, the presumed authorized stay period would be illegal stay, and could be used against us in the future. I guess it’s a personal choice to decide whether to use the authorized stay or not.

 

I am very clear of the whole process now. Thank you for pointing out the policy manual! 

 

Let’s be optimistic and enjoy our lives!

[Bfree3 132]

I was under the impression that the work permit would give that "additional stay period". Before all of this was bought up, I've already told my husband about my concerns for wanting him to apply for citizenship so that's what we will be doing in the summertime when he is eligible. If your spouse is close to eligibility @QAF2A ,I would recommend this avenue for you as well to ease your fears and additionally upgrade your petition.

[Oanagmzo 8]

Hi! My husband is a green card holder who has field for citizenship already. I was on a J1 visa before and after we got married, He petitioned me on the 20th of August 2017 and we got the receipt date on the 22nd. Since then, nothing has moved. On the I-94 website my status shows as DS so I think that is good. They have sent my case to California Service Center.  Now I have other question: Would it be possible for me to file for i 765 and I 485 with the application pending? 

The only reason I’m asking this is because when I tried to consult with a lawyer I was told I can’t file for i765 and i485 because my husband is not a us citizen yet  and I would have to wait for i130 to be completely approved and then file the other 2. 

I have just come across this website and I am very thankful for that.

thank you in advance. 

[Tenreyro 174]

46 minutes ago, Oanagmzo said:

Hi! My husband is a green card holder who has field for citizenship already. I was on a J1 visa before and after we got married, He petitioned me on the 20th of August 2017 and we got the receipt date on the 22nd. Since then, nothing has moved. On the I-94 website my status shows as DS so I think that is good. They have sent my case to California Service Center.  Now I have other question: Would it be possible for me to file for i 765 and I 485 with the application pending? 

The only reason I’m asking this is because when I tried to consult with a lawyer I was told I can’t file for i765 and i485 because my husband is not a us citizen yet  and I would have to wait for i130 to be completely approved and then file the other 2. 

I have just come across this website and I am very thankful for that.

thank you in advance. 

Yes, you are able to apply.

 

It is called concurrently, but lawyers mistake concurrently filing with sending together I-130 and I-485, but it just means that the original petition is not answered at the time of filing for I-485. It does not have to do with Pending or not. I-485 instructions specify you can file with your I-130 pending, as long as your PD is current with the date to be used for people filing AOS. 

 

USCIS has simplified this even more than before to avoid confusion with the dates to be used, check this link: https://www.uscis.gov/visabulletin-apr-18

Their own chart mentions nothing on waiting on an approved petition. And, the people in this topic have filed for AOS with pending I-130. There are a lot of misinformed lawyers.

 

However, you have a very specific visa, being an exchange one. A lot of those programs have an agreement related to a mandatory Two Year Residency requirement in your home country, it is called 212(e). You should look up on your agreement and on any visa paper you have if you have to meet the Two Year Residency back in your country. Because if so, it is likely to be an agreement with the US Department of State, and USCIS will reject your petition, it can be when you file, when they notice the section, or at the interview. Check that before first, and any questions, we are here to help.

[Oanagmzo 8]

26 minutes ago, Tenreyro said:

Yes, you are able to apply.

 

It is called concurrently, but lawyers mistake concurrently filing with sending together I-130 and I-485, but it just means that the original petition is not answered at the time of filing for I-485. It does not have to do with Pending or not. I-485 instructions specify you can file with your I-130 pending, as long as your PD is current with the date to be used for people filing AOS. 

 

USCIS has simplified this even more than before to avoid confusion with the dates to be used, check this link: https://www.uscis.gov/visabulletin-apr-18

Their own chart mentions nothing on waiting on an approved petition. And, the people in this topic have filed for AOS with pending I-130. There are a lot of misinformed lawyers.

 

However, you have a very specific visa, being an exchange one. A lot of those programs have an agreement related to a mandatory Two Year Residency requirement in your home country, it is called 212(e). You should look up on your agreement and on any visa paper you have if you have to meet the Two Year Residency back in your country. Because if so, it is likely to be an agreement with the US Department of State, and USCIS will reject your petition, it can be when you file, when they notice the section, or at the interview. Check that before first, and any questions, we are here to help.

Please, help me understand the visa bulletin. I’m from Romania and I see under F2A  for all other areas it says 22 sept 17 and I filed in August 2017. That means I can file ?

 Also, I have been subject to the 2 year rule but I have managed to have it waived so I should not have any problems now

Edited April 10, 2018 by Oanagmzo

[Tenreyro 174]

48 minutes ago, Oanagmzo said:

Please, help me understand the visa bulletin. I’m from Romania and I see under F2A  for all other areas it says 22 sept 17 and I filed in August 2017. That means I can file ?

 Also, I have been subject to the 2 year rule but I have managed to have it waived so I should not have any problems now

Yes, you can file. The Sept 22, 2017 date is for all the dates before that, yours is before that. Take your time to fill out the forms, specially I-485 to be as complete and accurate as possible. Also, sign up for E-Notifications, that way you'll know the moment they file your case, that it was indeed filed.

 

Keep the evidence of the waiver close, in your case I would even consider sending it with the application. Remember it has to be from the DHS or State Department.

 

Good Luck!

[Tenreyro 174]

My RFIE response was delivered yesterday at 2PM, checking every hour to see if it gets updated to "RFE Response received" 

 

No luck as of Today.

Edited April 10, 2018 by Tenreyro

[Tenreyro 174]

17 hours ago, Tenreyro said:

My RFIE response was delivered yesterday at 2PM, checking every hour to see if it gets updated to "RFE Response received" 

 

No luck as of Today.

Updated today, they received the RFIE ^^ back to the queue!

[Bfree3 132]

3 minutes ago, Tenreyro said:

Updated today, they received the RFIE ^^ back to the queue!

That was really fast. I guess they are doing things in real time.

[QAF2A 27]

17 minutes ago, Bfree3 said:

That was really fast. I guess they are doing things in real time.

@Tenreyro I’m glad it was updated fast! 

@Bfree3 About earlier post, we here cannot update the petition because he has some more years to go. 

 

May 2018 bulletin is out but I guess now that we understand the procedure of AOS process, the visa bulletin does not concern us any more?