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Totsti

Adjustment of status of F2A,spouse of LPR with tourist visa

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Hello. Im new here and I would like to ask for any insights if it is possible to adjust status with current f2a petition,spouse of LPR and currently in the US. If this questions is answered already, could you tag me in the same thread. Any response will be much appreciated. Thank you

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39 minutes ago, Totsti said:

Hello. Im new here and I would like to ask for any insights if it is possible to adjust status with current f2a petition,spouse of LPR and currently in the US. If this questions is answered already, could you tag me in the same thread. Any response will be much appreciated. Thank you

The answer will depend what your current status is. What status are you on? Did you overstay your authorized stay and how long (if any)?

 

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Good point made above. If in the US on valid I94 and priority date is current, believe you can. If over stayed (expired I-94) no shot. If priority date is not current, no shot. Overstay in the US is not forgiven for spouses of LPR's, only citizens.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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21 minutes ago, USS_Voyager said:

The answer will depend what your current status is. What status are you on? Did you overstay your authorized stay and how long (if any)?

 

Im on visitors visa (B1/B2) with pending f2a petition. Priority date is not current in chart A but it is current in Chart B

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Should be fine.

AOS filing chart (same as the DOS VB Chart B for family-based petitions): https://www.uscis.gov/visabulletininfo


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I think if your priority date is current based on chart 2, then you should be able to adjust your status immediately with or without NOA2. Your greencard will not be approved until I-130 (NOA2) is approved. However, you'll be able to go through the process all the way to the interview and just wait for NOA2. You can concurrently file for EAD (will allow you to work) and AP (allow you to travel) while you are waiting for I-130 approval and subsequently your green card approval.

 

Caveat: If you are currently in the US and have not overstayed your visa.

Edited by nastra30

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15 minutes ago, nastra30 said:

I think if your priority date is current based on chart 2, then you should be able to adjust your status immediately with or without NOA2. Your greencard will not be approved until I-130 (NOA2) is approved. However, you'll be able to go through the process all the way to the interview and just wait for NOA2. You can concurrently file for EAD (will allow you to work) and AP (allow you to travel) while you are waiting for I-130 approval and subsequently your green card approval.

 

Caveat: If you are currently in the US and have not overstayed your visa.

Thank you for the response..much appreciated

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