US Immigration from India

Hi, I am a permanent resident and I am marrying my fianc next week who is an 0-1 visa holder her visa expires on August 1st. Last month, several lawyers told us that my fianc could legally stay in the United States as long as we get married and file all the necessary documents including her green application (I-485) and the I-130 before her 0-1 visa expires. I just talked to my lawyer and she said that a June bulletin just came out which somehow changes things. The lawyer said that the I-130 has to be approved first before the I-485 green card application can even be filed. Is this true? Can I not file the I-130 and I-485 simultaneously now?

She said the May dates listed in the Dates for Filing chart on the June bulletin is if people got their I-130 approved within that time frame i.e. 01MAY21 then they can apply for the I-485 in June. Hence, this lawyer says, my fianc would have to find other ways to stay here legally she suggested extending her current 0-1 visa which expires on August 1st. She said if I were a citizen, the I-130 and I-485 can be filed concurrently, but as a permanent resident I would have to wait at least 6 months which would be after my fianc s 0-1 visa expires. I am trying to keep my fianc here legally after her visa expires so this obviously bad news if true.

She referred me to this page to prove her point: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-63

But I'm so confused because the F2A category is listed as current on the page she sent. Is this correct or does my lawyer have it all wrong? If someone can shed some light on this, I would appreciate it so much. Thanks!

The following is the scenario:

1. Person entered U.S. on B2 in 1/2020, I94 grants 6 month stay

2. i539 filed (w/ associated proof, documents, etc) prior to the i94 date

3. Person leaves in 11/2020, while i539 pending

4. Biometrics appointment scheduled in 7/2021

I have read some similar stories here about this scenario. I just want to confirm that this plan is reasonable:

1. Change address online for the person, showing that they are out of the country

2. Send certified letter to the Texas Service Center (they are processing this i539) stating that the person has left the country w/ associated proof

3. Send certified letter to the ASC stating that a biometrics appointment is not required as the person has left the country w/ associated proof

What do you all think about these 3 actions? Anything that I'm missing?

Note: I understand that the likely conclusion is that the i539 will be denied as the person has left the country and therefore the B2 is invalid. I'm not too concerned with that as they have another unrelated petition pending.

I petitioned my unmarried sister over 21, her application was approved in December from USCIS, and currently at NVC waiting to be able to pay fees and submit evidence ect . She is currently visiting us with her visitors visa. Someone mentioned we could file Adjustment of status for her since she is currently in the US. But from reading it s unclear if this would apply to her situation.

anyone do this? Or have similar situation that can provide more info

PD Nov2019

Case transferred from Texas to California

It has been more than 18 months and still waiting. I have got nothing other than the receipt notice.

Few days back, we got this update from Congressman:
According to U.S. citizenship and immigration(USCIS) records, Mr.XXX case remain under extended review. we are unable to move forward with the application at this time. while the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays.
USCIS is unable to render a decision until certain issues are resolved. USCIS is striving to resolve these issues as soon as possible. We are unable to determine at this time when the review process will be completed."

Any idea what that means?