F3 category: Approved I-130,Beneficiary living and working in the US,what's next?

[Sea 0]

hi everyone,

 

Looking for some guidance on next steps, following is my timeline so far:

 

April 2013: US Citizen parent filed for married daughter 

March 2020 : RFE from USCIS for proof of relationship

April 2020: Petitioner and the Beneficiary submitted DNA results to prove biological relationship

June 2022: NOA with approved I-130. 

 

In the approved notice, it was mentioned as follows:

" The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant vsia abroad at a U.S Embassy or a a U.S Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the petition.

If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status...."

 

My questions based on this letter:

 

1) Since I am living and working on a work visa here in the US, can I go ahead and file for the I-485 at this point OR wait for my PD to be current?

2) Given that the Visa bulletin for F3 is showing dates somewhere in 2008(specifically November 2008), what kind of timeline am I looking at? 4 to 5 years?

 

Appreciate anyone who can provide some guidance on my understanding

 

Thank you

 

[SusieQQQ 11,586]

Your PD has to be current to file AOS. Usually it only has to be current in the table B “dates for filing” chart if you are doing AOS, but you need to check the (link from the) visa bulletin to see if this applies in the relevant month for you. 
 

it’s very difficult to give a wait timeline. F3 has barely moved over the past year. 

[Lil bear 4,248]

Self delete .. gone !!! 🤪

Edited June 22, 2022 by Lil bear

[SusieQQQ 11,586]

2 hours ago, Lil bear said:

More likely 13-14 years 🥺

 PD is 2013, not now.

[nastra30 2,288]

5 hours ago, Sea said:

what kind of timeline am I looking at? 4 or 5 years?

Your guesstimate is about right based on your PD.

[SusieQQQ 11,586]

14 minutes ago, nastra30 said:

Your guesstimate is about right based on your PD.

So do you expect the covid backlog to start working out soon? Because F3 has moved exactly 21 days between the July 2021 and July 2022 VBs.

Edited June 22, 2022 by SusieQQQ

[nastra30 2,288]

6 minutes ago, SusieQQQ said:

So do you expect the covid backlog to start working out soon? Because F3 has moved exactly 21 days since the July 2021 VB. 

Ahh, true. Forgot to factor that in. 

[SusieQQQ 11,586]

3 hours ago, SusieQQQ said:

Your PD has to be current to file AOS. Usually it only has to be current in the table B “dates for filing” chart if you are doing AOS, but you need to check the (link from the) visa bulletin to see if this applies in the relevant month for you. 
 

it’s very difficult to give a wait timeline. F3 has barely moved over the past year. 

Just to clarify on the above. You can (usually) file the application when dates for filing is current, but it will still take months for that application to be processed (the exact timing depends on your field office), and you cannot actually get a visa number/green card until the priority date in table A is current. (Being able to file earlier helps to get you in the queue earlier so that everything is (hopefully) ready for interview by the time a visa number is available as per table A.)
 

Because it’s going to be some years yet before you can file, you should also be aware that you need to remain in status at all times until you can do so. Any status violation is a bar to being able to adjust status in the US (even if it happened on a previous stay). If your current authorized stay will expire at any time before you are able to file the AOS application, you will need to return to your home country and process via a consulate.

[SusieQQQ 11,586]

2 minutes ago, nastra30 said:

Ahh, true. Forgot to factor that in. 

I watch this out of morbid interest as my (previous petition) F3 priority date was 1 December 2008. I would probably literally have been driven insane over the past year waiting for the PD to move that one month.

[Sea 0]

10 hours ago, SusieQQQ said:

So do you expect the covid backlog to start working out soon? Because F3 has moved exactly 21 days between the July 2021 and July 2022 VBs.

Thank you @SusieQQQ!

That's crazy. So I am looking at 5+ years at this point.. which is quite sad as I had gotten my hopes too high.

 

Also I was wondering if based on the following text from my approved I-130, do I need to action anything right away to inform them that I am in the country at the moment so if a visa date magically pops up, they know i'll be AOS so they don't need to send to a NVC.

 

And lastly, (and sorry to ask again), does it make sense to fill in the I-485 right now and get it over with, and whenever the PD goes current, atleast I don't need to worry about losing place in line?

 

much appreciated for your valuable feedback.

 

 

 

 

 

 

[Sea 0]

15 hours ago, Lil bear said:

More likely 13-14 years 🥺

I think you meant a total of 13-14 years from the time the application was filed in 2013. But my question was about from this point onwards,what does the timeline look like.

Edited June 22, 2022 by Sea

[Lil bear 4,248]

18 minutes ago, Sea said:

I think you meant a total of 13-14 years from the time the application was filed in 2013. But my question was about from this point onwards,what does the timeline look like.

My oops. Misread the PD date mentioned in one of the OP posters,  not realizing it was a previous application not current 

[Chancy 6,241]

21 minutes ago, Sea said:

does it make sense to fill in the I-485 right now and get it over with, and whenever the PD goes current, atleast I don't need to worry about losing place in line?

 

As mentioned above, you cannot secure a place in the AOS line by submitting I-485 unless your PD is current.  Also, for F3 category, you must have legal immigration status all throughout your US stay to be eligible to file I-485 in the US.