F2A I-130 approved... Can I file AOS now?

ftsoh

Registered Users (C)
#1
Hi all.

My spouse's I-130 was approved a few days ago and his priority date is Oct 2016. I think based on Feb 2018 Visa Bulletin, I can use the Date for Filing Chart (currently on 01 Nov 2016) to file his AOS now. Please let me know if this is correct.

Thanks in advance.
 

newacct

Well-Known Member
#2
This is correct. In fact, he could have filed for AOS back in October 2017; he didn't need to wait for the I-130 to be approved.
 

newacct

Well-Known Member
#4
Thanks newacct. Just to clarify, he can't file concurrent I-130/485 because I am a LPR.
He couldn't file I-485 at the same time I-130 was filed because the visa bulletin wasn't current for F2A at the time you filed I-130 (in the rare times when F2A is current, I-130 can be filed at the same time as I-485). But he can file I-485 as soon as the USCIS chart says I-485 can be filed for his category and priority date, even if his I-130 is still pending.
 

ftsoh

Registered Users (C)
#5
Oh my gosh. That's not what our lawyer told us. If that's the case, he should had been able to file I-485 3-4 months earlier!!!
 
#6
Hi, I am in the same scenario. I am a legal permanent resident.
My wife came here through a visitor's visa and we got married here. I filed for the I-130 and it was approved. The priority date in Oct 2016. But there was a weird turn when we received a mail from the NVC asking us to apply immigrant visa. They said they will send her to the embassy in her home country to get the immigrant visa from there. I reached out to the NVC and was able to get someone on the phone after an hour wait. I explained that my wife was already here and has over-stayed her visitors visa. They said I should call the USCIS. When I called the USCIS, I was told we can file for the AOS if her priority date is current.




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Attached is the Visa Bulletin for the month of Dec 2018. Please advise which of the tables I should be looking at.
Thank you
 

Sm1smom

Super Moderator
#7
Hi, I am in the same scenario. I am a legal permanent resident.
My wife came here through a visitor's visa and we got married here. I filed for the I-130 and it was approved. The priority date in Oct 2016. But there was a weird turn when we received a mail from the NVC asking us to apply immigrant visa. They said they will send her to the embassy in her home country to get the immigrant visa from there. I reached out to the NVC and was able to get someone on the phone after an hour wait. I explained that my wife was already here and has over-stayed her visitors visa. They said I should call the USCIS. When I called the USCIS, I was told we can file for the AOS if her priority date is current.




View attachment 927
View attachment 928


Attached is the Visa Bulletin for the month of Dec 2018. Please advise which of the tables I should be looking at.
Thank you
Your wife is NOT eligible to process AOS, she currently has no valid status to adjust from. She shouldn’t have overstayed on her visitor’s visa. Her ongoing stay constitutes an illegal presence which will not be forgiven since you’re a LPR, and not a USC. The AOS petition, if you go ahead and file, will be denied.
 

SusieQQQ

Well-Known Member
#8
Hi, I am in the same scenario. I am a legal permanent resident.
My wife came here through a visitor's visa and we got married here. I filed for the I-130 and it was approved. The priority date in Oct 2016. But there was a weird turn when we received a mail from the NVC asking us to apply immigrant visa. They said they will send her to the embassy in her home country to get the immigrant visa from there.
Not a weird turn at all, if she had no valid status to stay on in the US she should indeed have been in her home counyry waiting for the visa. Spouses of LPRs are not forgiven overstay so not only will her AOS be denied, but she will be deported and face a ban of 10 years for the amount of time she has overstayed. That was a very serious error of judgement you guys made unfortunately.
 
#9
Hi, I am in the same scenario. I am a legal permanent resident.
My wife came here through a visitor's visa and we got married here. I filed for the I-130 and it was approved. The priority date in Oct 2016. But there was a weird turn when we received a mail from the NVC asking us to apply immigrant visa. They said they will send her to the embassy in her home country to get the immigrant visa from there. I reached out to the NVC and was able to get someone on the phone after an hour wait. I explained that my wife was already here and has over-stayed her visitors visa. They said I should call the USCIS. When I called the USCIS, I was told we can file for the AOS if her priority date is
Hi, I am in the same scenario. I am a legal permanent resident.
My wife came here through a visitor's visa and we got married here. I filed for the I-130 and it was approved. The priority date in Oct 2016. But there was a weird turn when we received a mail from the NVC asking us to apply immigrant visa. They said they will send her to the embassy in her home country to get the immigrant visa from there. I reached out to the NVC and was able to get someone on the phone after an hour wait. I explained that my wife was already here and has over-stayed her visitors visa. They said I should call the USCIS. When I called the USCIS, I was told we can file for the AOS if her priority date is current.




View attachment 927
View attachment 928


Attached is the Visa Bulletin for the month of Dec 2018. Please advise which of the tables I should be looking at.
Thank you
Please I am in the same category, please I will like to know if you went ahead with your wife processing because I'm really confused right now
 

newacct

Well-Known Member
#10
Please I am in the same category, please I will like to know if you went ahead with your wife processing because I'm really confused right now
Please start a new thread describing your situation. Someone in a family-based category other than the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) is not eligible for AOS if they are out of status or have ever been out of status.
 
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