Concurrent Filing of i485 and i130 Help

[Lotiza 0]

Hi, 

I am Lotiza. I am a spouse of green card holder. We plan to file i485 and i130 concurrently. However, I found out that it is not possible to file since he becomes citizen.

Is that right? 

[jackiegringa 355]

2 hours ago, Lotiza said:

Hi, 

I am Lotiza. I am a spouse of green card holder. We plan to file i485 and i130 concurrently. However, I found out that it is not possible to file since he becomes citizen.

Is that right? 

I assume you meant  "not possible to file until he becomes a citizen".

 

How did you enter the US? With what visa, when did it happen, etc?

 

What is your current visa status in the US?

 

Are you able to maintain status until your case is done (1 year or so)?

 

 

[SteveInBostonI130 3,319]

5 hours ago, Lotiza said:

Hi, 

I am Lotiza. I am a spouse of green card holder. We plan to file i485 and i130 concurrently. However, I found out that it is not possible to file since he becomes citizen.

Is that right? 

 

Per the April 2023 visa bulletin, category F2A is NOT current.  Those who filed Sep 2020 or earlier have visa numbers available.

 

No, you cannot adjust status.

[Chancy 6,233]

3 hours ago, SteveInBostonI130 said:

Per the April 2023 visa bulletin, category F2A is NOT current.  Those who filed Sep 2020 or earlier have visa numbers available.

 

No, you cannot adjust status.

 

F2A is still current on Table B of the April visa bulletin, which is what USCIS will refer to for AOS filing, as per https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

So @Lotiza may still file I-130/I-485 concurrently, at least until April 30, 2023 or until USCIS changes the AOS filing chart to Table A of the visa bulletin.

 

[Lotiza 0]

11 hours ago, jackiegringa said:

I assume you meant "not possible to file until he becomes a citizen".

 

How did you enter the US? With what visa, when did it happen, etc?

 

What is your current visa status in the US?

 

Are you able to maintain status until your case is done (1 year or so)?

 

 

I entered on B1-B2 then I got admission in a school (2016). Completed my masters (2018). 

I am on optional training after my education. 

Yes, I did not lose my legal status for one second. 

 

[Lotiza 0]

4 hours ago, Chancy said:

 

F2A is still current on Table B of the April visa bulletin, which is what USCIS will refer to for AOS filing, as per https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

So @Lotiza may still file I-130/I-485 concurrently, at least until April 30, 2023, or until USCIS changes the AOS filing chart to Table A of the visa bulletin.

 

Thanks, I appreciate your response. I am going to file asap. 

[Chancy 6,233]

3 hours ago, Lotiza said:

I entered on B1-B2 then I got admission in a school (2016). Completed my masters (2018). 

I am on optional training after my education. 

Yes, I did not lose my legal status for one second.

 

I assume you changed status to F1 student?  And your current I-94 still lists your status as F1 with allowed duration "D/S"?  Not sure how you can be on OPT for 5 years otherwise.

 

[Lotiza 0]

10 hours ago, Chancy said:

 

I assume you changed status to F1 student?  And your current I-94 still lists your status as F1 with allowed duration "D/S"?  Not sure how you can be on OPT for 5 years otherwise.

 

Yes, you are right after getting my Masters in 2020, I got 12 months OPT and then I got extension of that OPT, which will end next year. I have two masters in health sciences and clinical research.