F2A Current July

[Butterfly411 0]

Hello, 

 

My husband is a LPR and is the petitioner. He filed for my I-130 on 6/22/2019 and we received the receipt notice today. We have been married for 1 year and 9 months. I am currently in the U.S with an F1 status. Now that F2a final action dates is current and is the table that is being used, can I go ahead and file for adjustment of status, I485, EAD & AP? Also once filed, does that mean I no longer have to maintain my F1 status? I am confused. 

[Just Paul 4,591]

10 minutes ago, Butterfly411 said:

Hello, 

 

My husband is a LPR and is the petitioner. He filed for my I-130 on 6/22/2019 and we received the receipt notice today. We have been married for 1 year and 9 months. I am currently in the U.S with an F1 status. Now that F2a final action dates is current and is the table that is being used, can I go ahead and file for adjustment of status, I485, EAD & AP? Also once filed, does that mean I no longer have to maintain my F1 status? I am confused. 

Well I was afraid this would come up. 

 

I would say no, that you would have to wait and since he is a LPR.  It depends on how you read the highlighted line:

Reading https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-3  Section C, 

C. Concurrent Filings ^[13]

In general, the beneficiary of an immigrant visa petition may file for adjustment of status only after USCIS has approved the petition and a visa is available. In certain instances, the beneficiary may file an adjustment application together or concurrently with the underlying immigrant petition.

Concurrent filing of the adjustment application is possible only where approval of the underlying immigrant petition would make a visa number immediately available. Concurrent filing of the adjustment application is permitted in the following immigrant categories:

• Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

 

You are fine as long as you are a F1.

 

Anyone else have a different interpretation?

 

[arken 4,197]

Yes, since uscis itself is suggesting to use final action dates for F2A, you can go ahead and file for AOS  including EAD/AP. 

 

You can choose to not maintain F1 status and stay with pending AOS authorized stay if you want.

Edited July 6, 2019 by arken

[Omoade 1]

On 7/5/2019 at 7:56 PM, Paul & Mary said:

Well I was afraid this would come up. 

 

I would say no, that you would have to wait and since he is a LPR.  It depends on how you read the highlighted line:

Reading https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-3  Section C, 

C. Concurrent Filings ^[13]

In general, the beneficiary of an immigrant visa petition may file for adjustment of status only after USCIS has approved the petition and a visa is available. In certain instances, the beneficiary may file an adjustment application together or concurrently with the underlying immigrant petition.

Concurrent filing of the adjustment application is possible only where approval of the underlying immigrant petition would make a visa number immediately available. Concurrent filing of the adjustment application is permitted in the following immigrant categories:

• Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

 

You are fine as long as you are a F1.

 

Anyone else have a different interpretation?

 

 

Hi, just to clarify if my fiancé is on B1 and we get married this month. Can I go ahead to file for I 130 and I 845 as well. Her intention is not to stay but it’s heart breaking cos she just lost her job. Really nothing for her to do. Will this be a red flag. I am due for citizenship in 2021.