F2A Visa waiting dates jumps foward 2 years. What Should I do?

[JohnBCol 18]

Hello Everyone,

 

I was checking the visa bulletin for June 2019  and for my utterly disbelief, two things have happened for this month.

 

1. June will use the shorter priority date "Dates for Filing chart"

      Extracted from UCIS website " Adjustment of Status Filing Charts from the Visa Bulletin"  https://www.uscis.gov/visabulletininfo

 

         For Family-Sponsored Filings:
        You must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2019.

 

2. Priority Dates under F2A category for All Chargeability Areas Except Those Listed: 08MAR19

     Extracted from the official "Visa Bulletin For June 2019" https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-june-2019.html

 

Also from some other ImigrationLaw offices web sites, I found the following information

 

     Charlie Oppenheim, the Visa Chief for the Department of State announced at the Federal Bar Immigration Law Conference in Austin, Texas May17, 201, said that

•     Oppenheim monitors the use of visa numbers and sets the priority dates each month. https://immigrationlawdc.com/uncategorized/visa-family-category-f2a-becoming-current

 

• "On May 17, 2019, the U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years."  https://www.shusterman.com/family-2a-category-current/

 

My spouse’s i130 priority date is from 17JAN2019, and he is currently lawfully present in the United States, with an F1/OPT visa. We are sure he qualifies for AOS.

 

We were expecting a long wait before filling the 485 under family preference. So we were working towards my us citizenship and filling later as an immediate relative However, with this recent news, I’m really confused and not sure how to plan things.

I think I’ll be sending the 485 so the UCSIS receives it during Jun2019, I don’t trust the categories will become current during July2019. This will save as a TON of time and prevent possible separations.
But I don’t want to waste my money or jeopardize our current i130 petition.

 

I’m really excited and anxious about this news, I don’t want this 485 to be rejected, but everything indicates that they will be receiving valid applications under the listed filling dates.

Any advice, comments? Anyone else on the same situation?
-f2a-visas

 

[issea 43]

Yes, you can file for AOS as of June, if your spouse is legally present in the US. 

[Chintan_D 16]

Can anyone explain this further? My spouse PD is Feb 28, 2018 and I am an LPR. Can we submit for AOS now according to this? 

[arken 4,197]

1 minute ago, Chintan_D said:

Can anyone explain this further? My spouse PD is Feb 28, 2018 and I am an LPR. Can we submit for AOS now according to this? 

Yes if your spouse is in the US with legal status.

[Chintan_D 16]

Just now, arken said:

Yes if your spouse is in the US with legal status.

Thank you. Yes she is and she is with legal status as well. 

[geowrian 22,337]

34 minutes ago, Chintan_D said:

Thank you. Yes she is and she is with legal status as well. 

Then she can file for AOS and remain in the country while the case is pending. She can file for an EAD + AP (no extra charge!) as well to work and travel once approved.

Her AOS case won't be approved until at least the PD is current (Final Action Dates chart).

[Chintan_D 16]

1 minute ago, geowrian said:

Then she can file for AOS and remain in the country while the case is pending. She can file for an EAD + AP (no extra charge!) as well to work and travel once approved.

Her AOS case won't be approved until at least the PD is current (Final Action Dates chart).

All this is Okay but even our I-130 is not approved yet which puts us in a strange situation. I guess we have to wait till this ones gets approved, isnt it?

Edited June 3, 2019 by Chintan_D

[geowrian 22,337]

8 minutes ago, Chintan_D said:

All this is Okay but even our I-130 is not approved yet which puts us in a strange situation. I guess we have to wait till this ones gets approved, isnt it?

Nope. You can still file the I-485 before I-130 approval.

[Chintan_D 16]

18 minutes ago, geowrian said:

Nope. You can still file the I-485 before I-130 approval.

Alright, thank you! 

[Weebee 57]

 

Charlie Oppenheim talks about Dates for Filing chart becoming current. It means that every legally present spouse of LPR can file concurrently in July, just like citizens. Dates for filing chart governs the PD by which a legally present spouse can file to adjust status.

It's not surprising at all actually. The consular processing is completely bottlenecked, for those of us with spouses abroad. They have to make up for the shortfall. 🧐

[JohnBCol 18]

Having a working permit and being able to stay in the USA is a blessing.

 

[JohnBCol 18]

17 hours ago, Weebee said:

 

Charlie Oppenheim talks about Dates for Filing chart becoming current. It means that every legally present spouse of LPR can file concurrently in July, just like citizens. Dates for filing chart governs the PD by which a legally present spouse can file to adjust status.

It's not surprising at all actually. The consular processing is completely bottlenecked, for those of us with spouses abroad. They have to make up for the shortfall. 🧐

1

Yeah,  In addition,  I was also hypothesizing that since not too many people can apply for AOS while being in the USA when they have a Family preference category, then this visas numbers as well might no being used fully.

[geowrian 22,337]

3 minutes ago, JohnBCol said:

Yeah,  In addition,  I was also hypothesizing that since not too many people can apply for AOS while being in the USA when they have a Family preference category, then this visas numbers as well might no being used fully. 

Whether somebody does AOS or consular processing for an immigrant visa, the visa number is being used. The fact that no visa is issued does not mean somebody else can use that same number.

[JohnBCol 18]

3 minutes ago, geowrian said:

Whether somebody does AOS or consular processing for an immigrant visa, the visa number is being used. The fact that no visa is issued does not mean somebody else can use that same number.

Gotcha!

 

[Weebee 57]

On 6/3/2019 at 4:44 PM, Weebee said:

 

Charlie Oppenheim talks about Dates for Filing chart becoming current. It means that every legally present spouse of LPR can file concurrently in July, just like citizens. Dates for filing chart governs the PD by which a legally present spouse can file to adjust status.

It's not surprising at all actually. The consular processing is completely bottlenecked, for those of us with spouses abroad. They have to make up for the shortfall. 🧐

I just want to correct myself here. I reviewed again what Charlie said and it's the Final Action Date table that's gonna be current. He says the level of demand at this time is insufficient to require the implementation of a Final Action Date. The worldwide category of F2A is going to remain current at least through September. 

He didn't give any projection for Dates For Filing.

 

It might not be relevant for OP's case but maybe other people read this thread.