NVC or AOS [merged threads]

[boogutron 0]

I'm on an L1B visa in the US currently since September 2024. My wife, a US green card holder, filed my I-130 (F2A) in Feb 2023, before I moved to the US for work. I'm still waiting on that I-130 approval. I am a Canadian citizen and was wondering if it'd better to do AOS now that I'm here, rather than wait for NVC?

 

Since my wife doesn't work, we are depending on my income to satisfy I-864 requirements. My thinking is that it'd be easier to do that via AOS rather than the NVC and the consulate in Montreal?

 

[boogutron 0]

I'm currently on an L1B visa in the US and my wife filed for F2A for me in Feb 2023. We are now looking into doing an AOS application (I-485). Since my wife doesn't have any income, we are depending on my (the intending immigrant's) income from the L1B job to meet the I-864 requirements. I have a good job and my income is significantly higher than the required 1.25X of the poverty line. 

We have also consolidated all our cash assets in a new Fidelity brokerage account. The cash value of these stocks is higher than 5X of the income requirement. Based on the I-864 instructions alone, we do not need to report our assets but I've read online that doing so can make the case stronger. The only issue is that the Fidelity account is quite new (< 6 months old) and we would only be able to attach a couple of months of statements since these funds have only recently been moved to the US from abroad (from property sale, liquidated retirement accounts, etc).

Would it be still worth it to report these assets or should we keep it simple and just attach the following?

• Letter from employer stating that my job will continue after I obtain permanent residency.
• Last 12 semi-monthly pay stubs (showing 6 months of income on this job)

[OldUser 9,217]

1 hour ago, boogutron said:

I'm on an L1B visa in the US currently since September 2024. My wife, a US green card holder, filed my I-130 (F2A) in Feb 2023, before I moved to the US for work. I'm still waiting on that I-130 approval. I am a Canadian citizen and was wondering if it'd better to do AOS now that I'm here, rather than wait for NVC?

 

If your I-130 is not approved and priority date isn't current, you can't file for adjustment. As long as you maintain status, yes, you'll be able to adjust in the future.

Edited Friday at 01:55 AM by OldUser

[TBoneTX 47,100]

Related threads have been merged.

[boogutron 0]

40 minutes ago, OldUser said:

If your I-130 is not approved and priority date isn't current, you can't file for adjustment. As long as you maintain status, yes, you'll be able to adjust in the future.

Thank you for your reply! 

On this visa bulletin information page, I see that for F2A we're supposed to use the "DATES FOR FILING" chart in the bulletin according to which I am current, if I am not mistaken? My priority date is Feb 2023 and the current date for filing for F2A is 01FEB25.
 

Quoting from the link:

 

Quote

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2025.

 

[appleblossom 4,004]

4 hours ago, boogutron said:

Thank you for your reply! 

On this visa bulletin information page, I see that for F2A we're supposed to use the "DATES FOR FILING" chart in the bulletin according to which I am current, if I am not mistaken? My priority date is Feb 2023 and the current date for filing for F2A is 01FEB25.
 

Quoting from the link:

 

 

So unless it retrogresses you can do AoS once the I-130 is approved. 

[boogutron 0]

9 hours ago, appleblossom said:

So unless it retrogresses you can do AoS once the I-130 is approved. 

Thanks for your reply! I think you might me mistaken here, although, I'm happy to be proven wrong - I don't want to do all the paperwork if the application is going to be returned. 😅

Quoting from the Green Card for Family Preference Immigrants page (under Eligibility for Adjustment of Status). It doesn't seem like an approved I-130 is a requirement for AOS for the F2A category?
 

Quote

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa if you are the beneficiary of:

• An approved Form I-130 filed on your behalf;
• A pending Form I-130 (that is ultimately approved); or
• A Form I-130 (that is ultimately approved) filed together with your Form I-485.

 

Edited Friday at 04:25 PM by boogutron

[appleblossom 4,004]

4 hours ago, boogutron said:

Thanks for your reply! I think you might me mistaken here, although, I'm happy to be proven wrong - I don't want to do all the paperwork if the application is going to be returned. 😅

Quoting from the Green Card for Family Preference Immigrants page (under Eligibility for Adjustment of Status). It doesn't seem like an approved I-130 is a requirement for AOS for the F2A category?
 

 

It’s not, if you file concurrently - I assumed you’d discounted that for some reason from your first post. 

 

You said you’re a Canadian citizen, but where were you born? 

[boogutron 0]

55 minutes ago, appleblossom said:

It’s not, if you file concurrently - I assumed you’d discounted that for some reason from your first post. 

 

You said you’re a Canadian citizen, but where were you born? 

Yes, we didn't do AOS when we filed I-130 because I wasn't in the US then. Is it required to file both forms at the same time for concurrent processing? Or can I file AOS now with a pending I-130 from Feb 2023?

For your question, I was born in Pakistan. I'm a dual citizen. 

 

Edited Friday at 09:52 PM by boogutron