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Butterfly411

F2A Current July

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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. 

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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?

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)

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 by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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.

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