Beejaybm

I saw this on uscis website. If one wants to file now, September 2023 priority date folks can do that. But I’m confused. So many conflicting info. See link below

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-98

On 2/9/2024 at 9:46 PM, OldUser said:

Looks like the priority date for F2A category is 22JUN20

 

Meaning you CANNOT adjust in the US for another few years, until they start processing cases file in December 2022.

 

 

Also, what about I-130 for the child? Is it on file already?

Yes, you are correct, the I-130 is still pending. I came on a TN visa into the US in October 2023. The child was not born when we filed the I-130. I thought we could do his adjustment of status together with mine as he is a derivative. 

So, you are saying adjustment of status can not be done until your priority date is current? I assumed I could do adjustment of status and get an advanced parole or work authorization while waiting for the green card already 

Thanks

Why do you say so, if I may ask?

Hi house,

My husband (a LPR) petitioned for a I-130 for me in December 2022 which is unapproved as of today. At the time, I was pregnant. 
As of today, we have a baby boy who is almost 1 year old and we are in the US on a TN visa (TD visa for my boy). 
Question: Does this affect our I-130 in any way? I am asking this because if we were outside the US, we would have applied for a green card from abroad but now, we will be doing an AOS. Do we need to do anything such as inform USCIS as regards the I-130?

Thanks

On 8/12/2023 at 10:54 PM, Beejaybm said:

Hello house,

 

I am a citizen of Canada and my spouse is a LPR of the US. We’re currently waiting for approval of our I-130 from my husband’s application for me. 
Do you know if I will be granted a T4N visa if I look for a job in the US? Or should I kill this option entirely and just focus on my F2A? I know the F2A might take a while and that is why I’m thinking of the T4N route. 
Thanks

Coming back here to update the situation for anyone who needs it. I used the TN visa route and I was granted entry into the US. Note that I have an unapproved I-130 which the border officials saw on uscis’s website at the port of entry. 
If for anything, it’s worth a trial. The worst you’ll get is a rejection. 

Hello house,

I am a citizen of Canada and my spouse is a LPR of the US. We’re currently waiting for approval of our I-130 from my husband’s application for me. 
Do you know if I will be granted a T4N visa if I look for a job in the US? Or should I kill this option entirely and just focus on my F2A? I know the F2A might take a while and that is why I’m thinking of the T4N route. 
Thanks

Hi everyone. I am still waiting for my I-30 approval (F2A) which we expect to arrive before the end of the year. I plan to be outside the country for the next couple of months so, I figured doing the police certificate would be proactive for when I want to apply for the green card after I-130 approval (I’m not sure if this is required in the next step or until interview stage which is still a long way from now). 
Do I request for the canada-wide name check(certificate of no conviction) or the full fingerprint version? Note that I have not been convicted of any crime in the past. 
Thanks

5 minutes ago, Redro said:

If giving information try to give accurate information. OP should not think all they have to do it apply for citizenship and child automatically becomes a citizen - it is a little more involved than that... 

The header is quite misleading. Back story- petitioner is actually a LPR and not a USC. My profile on VJS was errorneously categorized as IR1/CR1 but has been updated to F2A now. 

2 minutes ago, powerpuff said:

As a GC holder, your husband has an upper hand in that you can include the child in your application. My advice is for him to not apply for naturalization yet as then derivatives are not allowed for CR1/IR1 cases and he’ll have to file a separate I-130 for your baby which will delay everything significantly

Alright 

40 minutes ago, powerpuff said:

~~ Topic moved from CR1/IR1 spousal visa forum to Bringing Family members of permanent residents to America - this is not a CR1/IR1 case as the petitioner is not a USC, it is an LPR ~~
 

@Mzdee your case is not a CR1/IR1 since your husband is not a USC. Your case is F2A - spouse of of lawful permanent resident.This makes a big difference in advice that is given. CR1/IR1 cannot add children to their applications whereas F2As can. You should change your profile to reflect F2A instead of CR1/IR1.

 

I assume the case is still with USCIS. When it gets to NVC, the petitioner should inform them through their public inquiry form and attach the necessary documents.

 

No. Why do that when you can safely add the baby to the application (and you have plenty of time since it will take about 3-4 years from filing to visa in hand for F2A category) not to mention entering the US with an intent to adjust status is immigration fraud. CBP can, and probably will, refuse entry seeing that you have an immigrant vida and your child doesn’t 

Thanks. This was very helpful. I will update my profile also

38 minutes ago, Redro said:

Where is the baby right now? In the US or in Canada? Where was the baby born? 

Canada. Born in Canada

Hello house. My spouse submitted an application in December 2022 to file for me and we had our baby in 2023. We mentioned in the application that we we’re expecting a baby and attached scans as proof. Our baby does not require a visa to visit the US. 

What do you advise? Should we

1. Send an additional documentation to add our baby to the application?( I’m not sure how this is done. If yes, how do we go about this?)

2. Should we wait till my application is all complete so we can do an adjustment of status for the baby when we relocate to the US since he can enter the US with his passport as a visitor without requiring a visa?

 Thanks 

Thanks 

Hello house. 
My husband (a green card holder) submitted the I-130 form on December 19,2022 and we received the NOA1 confirming receipt on the same day. How do I know which service center is processing my I-130? The first three letters of my receipt number is IOE. Any other person has the same issue?