F2A is current for August - can I file 485 on an initial review pending?

Z

Zurich_girl

Registered Users (C)
Hi Everyone!

The August visa bulletin shows the F2A category, which includes spouses of green card holders, as current. This is a pretty big jump considering the wait is typically 2-3 years.

I'm a green card holder, got married last April 2012 and filed immediately a petition for my husband. His priority date is also in April 2012. We were both outside the US then and have since moved back to the US. His case is currently in the California Center and still shows as 'under initial review'. He is on a work visa now - L visa.

My question is: now that the F2A category is current, can he file for an adjustment of status 485 in August? Or does he need to wait for his initial review to be completed? It's been almost 15 months now since the case has been under initial review. The website says that the average time for the California Center initial review is 17.7 months.

Thank you for your help!
 
Yes, the I-485 can be filed in August, while the I-130 is pending. Make sure to include a copy of the I-130 receipt notice.

And schedule the I-693 medical ASAP. It can be done before the priority date becomes current (it can be done as much as 12 months before the I-485 is filed).
 
245-i married to a green card holder

Hi,
thank you for your help in advance .
i have been living in the us for over 13 years . i was married and applied through my first wife in February 2001 and i understand that i am a 245-i. I went to the interview in 2002 and was postponed for another year till 2003. and immigration agent wrote 245(s). In my passport. during the year between 2002 and 2003 i was divorced and never really did anything since then. recently i got married to a green card holder who got her green card 2 years ago.
what should i do ?
will the fact that i am a 245 -i help me ?
is that related to the F2A ?
how long do you think it will take to get a work authorization ?

thank you so much for your help

Mac
i post here because i wasn't sure how to start a new thread
 
Go ahead and file I-130 and I-485 together next month, along with documentation that you qualify for 245(i) and proof of the divorce. Employment authorization is normally approved in 2-3 months.
 
Zurich_girl said:
Hi Everyone!

I'm a green card holder, got married last April 2012 and filed immediately a petition for my husband. His priority date is also in April 2012. We were both outside the US then and have since moved back to the US. His case is currently in the California Center and still shows as 'under initial review'. He is on a work visa now - L visa.

Thank you for your help!
Click to expand...

Let me ask you this, how did your husband enter the US whilst he had a pending I130 application? Did he apply for a B2 or anything else? I would be grateful for a response as I need this information for myself.

Thanx,
Kario
 
kario said:
Let me ask you this, how did your husband enter the US whilst he had a pending I130 application?
Click to expand...

Carefully reread the first post and you'll see that the OP's husband has an L visa (presumably L1). L1/L2/H1B/H4 visas allow immigrant intent.
 
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