A.O.S for F4 category

H

Himani patel

New Member
Hello, my question is regarding adjustment lf status for F4 category (family based) .
I am on student visa and i was included in approved i-130 as a deriavative beneficiary ! As my u.s.a citizen aunt filled i-130 for my mom !our PD is sept 2004!
Moreover my mom has b-2 visa too!
As per new visa bulletin , dates for filing action chart shows may 2004 for F4 (family based) ! So can i expect to file my i-485 according to DOS chart when PD becomes current?
 
You can only file after your mother (the principal beneficiary).

If your mother is doing Consular Processing, then you have to wait until she gets her immigrant visa and enters the US with it, before you can file I-485.

If your mother is doing Adjustment of Status (which is basically impossible because she has no way of entering the US with intent to AOS; most types of nonimmigrant visas, including B2, do not allow intent to do AOS on that trip at the time of entering), then you can file I-485 at the same time as, or any time after, she files her I-485.
 
Can you explain me the difference between two different visa bulletin?
1) final action applicants
2) dates for filing applicants
 
For Consular Processing, they will not issue the immigrant visa until the "final action" date passes the priority date. They should start the process and start contacting the petitioner and beneficiary when the "date for filing" passes the priority date. But the contact is initiated by the NVC and consulate so there is nothing you can do but wait anyway.

For Adjustment of Status, you need to look at USCIS's filing dates for AOS (and not Department of State's visa bulletin) to determine whether you can file I-485 or not (you can file when the date for filing AOS passes your priority date). They will not approve AOS until the "final action" date from the Department of State's visa bulletin passes your priority date, but the pace of AOS is out of your control anyway.
 
Thanks for your informative reply ! I have one more question ! Do they accept i-485 according to uscis filling dates for AOS?
 
They do. But again you can't file as a derivative until the principal beneficiary files AOS or enters the US with an immigrant visa.
 
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