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

[geowrian 22,335]

5 hours ago, Weebee said:

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.

That's quite a prediction...any idea what it's based on? The F2A category has been advancing well, but nowhere near a rate to become current anytime soon. Then there's usually a trend of when it takes less time, more people apply.

[Weebee 57]

2 hours ago, geowrian said:

That's quite a prediction...any idea what it's based on? The F2A category has been advancing well, but nowhere near a rate to become current anytime soon. Then there's usually a trend of when it takes less time, more people apply.

Hey Geowrian,

Some AILA lawyers publish a monthly check-in with Charlie Oppenheim, the Chief of Visa Control and Reporting Division at US DOS, on the progress of the VB. Sometimes he shares some insight and provides them with informal projections on the movement of certain categories. 

 

https://www.shusterman.com/visa-bulletin-predictions/

[geowrian 22,335]

44 minutes ago, Weebee said:

Hey Geowrian,

Some AILA lawyers publish a monthly check-in with Charlie Oppenheim, the Chief of Visa Control and Reporting Division at US DOS, on the progress of the VB. Sometimes he shares some insight and provides them with informal projections on the movement of certain categories. 

 

https://www.shusterman.com/visa-bulletin-predictions/

That certainly is what he said. I have no idea what led to such a sudden advancement. Interesting. I ran the numbers for the F2A backlog last fiscal year and the numerical limits this year, and it shouldn't be possible directly. Only guess I have is that the demand is down so much that that by the time the visa is ready to be issued (or AOS approved if in the US), it will cover the overflow of filers now.

[JohnBCol 18]

14 hours ago, Weebee said:

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.

How did you find out that Charlie was talking about the Final Action Dates? I just read the link you posted.

 

In that sense, that would mean that there will be visas  available  for everybody under the F2A category? That is too much good to be true, we will have to wait and see.

 

Anyways, I just applied under the dates for filling. Since those are the only ones as of today published under June2019 Bulleting.

Edited June 5, 2019 by JohnBCol

[arken 4,197]

1 hour ago, JohnBCol said:

How did you find out that Charlie was talking about the Final Action Dates? I just read the link you posted.

 

In that sense, that would mean that there will be visas  available  for everybody under the F2A category? That is too much good to be true, we will have to wait and see.

 

Anyways, I just applied under the dates for filling. Since those are the only ones as of today published under June2019 Bulleting.

That may not be too good to be true. I remember in 2013/14 or so, when I was a GC holder, F2A became Current for 2 or 3 months, then boom, back to usual 2 years in October probably because of so many petitions/applications they received in those few months.

[Newone52 22]

15 hours ago, JohnBCol said:

How did you find out that Charlie was talking about the Final Action Dates? I just read the link you posted.

 

In that sense, that would mean that there will be visas  available  for everybody under the F2A category? That is too much good to be true, we will have to wait and see.

 

Anyways, I just applied under the dates for filling. Since those are the only ones as of today published under June2019 Bulleting.

Me (LPR) and my husband (H1B) are in the same boat. We've sent his I-485, I-765 and I-131 yesterday. 

But I just found out Mr. Oppenheim's predictions and actually I am not sure if that changes anything for us? We submitted I-130 in October 2018 so it is still pending. 

So I think (please correct me if I'm wrong) he'll not get his green card until his I-130 gets accepted, which is still probably a year or more from now.

[JohnBCol 18]

8 hours ago, Marta777 said:

Me (LPR) and my husband (H1B) are in the same boat. We've sent his I-485, I-765 and I-131 yesterday. 

But I just found out Mr. Oppenheim's predictions and actually I am not sure if that changes anything for us? We submitted I-130 in October 2018 so it is still pending. 

So I think (please correct me if I'm wrong) he'll not get his green card until his I-130 gets accepted, which is still probably a year or more from now.

From what I've read, and again I'm not a lawyer,  for now with what the June Bulletin shows... filling under the "Dates for filling chart" will only help you to start earlier with reviewing and processing of your application. But yeah, you will have to wait until i130 and i485 are approved and also a visa number is  available under the final action dates.

 

At least you can hold on 485 Pending status, in case something happens to your husband's H1B status.

 

 

 

 

[Newone52 22]

2 hours ago, JohnBCol said:

From what I've read, and again I'm not a lawyer,  for now with what the June Bulletin shows... filling under the "Dates for filling chart" will only help you to start earlier with reviewing and processing of your application. But yeah, you will have to wait until i130 and i485 are approved and also a visa number is  available under the final action dates.

 

At least you can hold on 485 Pending status, in case something happens to your husband's H1B status.

 

Yes, that is why we applied for it ASAP. And what's more - we filled with attorney's help and even he was surprised seeing such a jump in "Dates for filling" and first wanted to make sure it's not some random error.

So with that being said - even if "Final Action" would become current in July, that doesn't change much for people who already started the process regarding getting a green card earlier if I-130 and I485 are still pending. Especially when processing time of I-130 for F2A sent to California Service Center is approx. 19-25 months...

 

Edit: grammar

Edited June 6, 2019 by Marta777

[Texasfiler 385]

On 6/6/2019 at 10:34 AM, Marta777 said:

Yes, that is why we applied for it ASAP. And what's more - we filled with attorney's help and even he was surprised seeing such a jump in "Dates for filling" and first wanted to make sure it's not some random error.

So with that being said - even if "Final Action" would become current in July, that doesn't change much for people who already started the process regarding getting a green card earlier if I-130 and I485 are still pending. Especially when processing time of I-130 for F2A sent to California Service Center is approx. 19-25 months...

 

Edit: grammar

Would someone be kind enough to tell me what forms I should include in my Adjustment of Status package ...for my child who is in the F2A Family Preference Category... he is outside the US at the moment.....and I am the mother LPR. I filed for him February 2019..thank you.

[Newone52 22]

23 minutes ago, Texasfiler said:

Would someone be kind enough to tell me what forms I should include in my Adjustment of Status package ...for my child who is in the F2A Family Preference Category... he is outside the US at the moment.....and I am the mother LPR. I filed for him February 2019..thank you.

He can not adjust his status when he's outside US. But if he plans to arrive on some other visa, you guys should file I-485 and I-864. He can also file I-765 and I-131 if he will want to work and travel outside the country.

[geowrian 22,335]

1 hour ago, Texasfiler said:

Would someone be kind enough to tell me what forms I should include in my Adjustment of Status package ...for my child who is in the F2A Family Preference Category... he is outside the US at the moment.....and I am the mother LPR. I filed for him February 2019..thank you.

You cannot file for AOS for somebody not within the US.

 

55 minutes ago, Marta777 said:

He can not adjust his status when he's outside US. But if he plans to arrive on some other visa, you guys should file I-485 and I-864. He can also file I-765 and I-131 if he will want to work and travel outside the country.

It is fraud to use a non-immigrant visa as a means to immigrate (file for AOS).

There are very limited exceptions for a few work visas (e.g. H-1B, O-1, L-1). Given that the child is under 21 (for F2A category), these exceptions very likely do not apply.

Edited June 9, 2019 by geowrian

[Newone52 22]

10 minutes ago, geowrian said:

It is fraud to use a non-immigrant visa as a means to immigrate (file for AOS).

I was not aware of it, but it makes sense. Thank you.

[Texasfiler 385]

1 hour ago, Marta777 said:

He can not adjust his status when he's outside US. But if he plans to arrive on some other visa, you guys should file I-485 and I-864. He can also file I-765 and I-131 if he will want to work and travel outside the country.

Thanks for your response.  His priority date is February 2019, which means that a visa will be available to him soon - I am wondering as soon as his date becomes prior - what documents do I send in order for him to get the interview in his country  to immigrate here - Am I making any sense? lol

[Texasfiler 385]

1 hour ago, Marta777 said:

He can not adjust his status when he's outside US. But if he plans to arrive on some other visa, you guys should file I-485 and I-864. He can also file I-765 and I-131 if he will want to work and travel outside the country.

Ok thank you. He lives outside the US and will do his interview there - but I am wondering what next should I do when his priority date becomes prior - should I send in some form or what?

[Newone52 22]

33 minutes ago, Texasfiler said:

Ok thank you. He lives outside the US and will do his interview there - but I am wondering what next should I do when his priority date becomes prior - should I send in some form or what?

I think that he needs to wait until his I-130 gets accepted. Then NVC will send him "Welcome" letter.

But I might be wrong.