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  • priority date is current what to do now?

    i am a doctoral student married to US permanent resident. On her basis we had filed I-130 in JAN 2011 and it was approved and we were to wait until priority date was current. In May Visa Bulletin the priority date shows March 2011.

    What should we do now? Do we send I-485 and other forms or wait to be contacted from USCIS?

    Also, my wife may be eligible to file for her naturalization in May. Do we wait or just go through the AOS process for right now and then just send her certificate later on?

    Please, any help is appreciated.

    Thanks

  • #2
    I don't understand what you mean by priority dates. You filled the case on the basis of marriage and you submitted I-130 and now its approved.

    You already in US so you can submit your I-485 immediately but if your wife is a citizen then it will be processed immediately. You can submit now and upgrade later once she became a citizen but some time even though you upgrade the case still it takes longer time.
    - in my suggestion wait until she become a US Citizen, if she is eligible to submit her naturalization application (90 days before she reach 5 yr or 3 yr(if married)) she can submit now.

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    • #3
      Originally posted by pateldevangh View Post
      i am a doctoral student married to US permanent resident. On her basis we had filed I-130 in JAN 2011 and it was approved and we were to wait until priority date was current. In May Visa Bulletin the priority date shows March 2011.

      What should we do now? Do we send I-485 and other forms or wait to be contacted from USCIS?

      Also, my wife may be eligible to file for her naturalization in May. Do we wait or just go through the AOS process for right now and then just send her certificate later on?
      If your PD is current now, just file the I-485. For AOS adjudication it does not matter whether or not your wife is an LPR or USC, that only determines whether or not you are subject to a cap. Since your PD is current, you should file immediately, and apply for AP+EAD.

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      • #4
        How you define the PD is current. He applied in Jan-2011. I didn't find any info with USCIS that the PD with the above date is current on marriage base.
        He should check his country priority date.

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        • #5
          Originally posted by zoom123 View Post
          How you define the PD is current. He applied in Jan-2011. I didn't find any info with USCIS that the PD with the above date is current on marriage base.
          He should check his country priority date.
          The May 2013 shows the F2A cut-off date as 01MAR11 for all countries except Mexico (01FEB11). His priority date, Jan 2011, is current.

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          • #6
            Originally posted by nicoeppersma View Post
            The May 2013 shows the F2A cut-off date as 01MAR11 for all countries except Mexico (01FEB11). His priority date, Jan 2011, is current.
            Thanks nicoeppersma..

            Your help is appreciated.. So does this mean I can go ahead and send my AOS packet (I-485 and other forms) as soon as possible or do I wait until first week of May.
            Also, does USCIS send anything between now and 1st week of May requesting for other forms, or should just go ahead without waiting for anything to be received from USCIS.

            Thanks for your help once again.

            Comment


            • #7
              Originally posted by pateldevangh View Post
              Your help is appreciated.. So does this mean I can go ahead and send my AOS packet (I-485 and other forms) as soon as possible or do I wait until first week of May.
              Also, does USCIS send anything between now and 1st week of May requesting for other forms, or should just go ahead without waiting for anything to be received from USCIS.
              I would recommend filing in the first week of May (but I would also recommend to discuss this with an experienced immigration attorney).

              Also, make sure you do the fingerprinting on the date of your appointment, requesting a reschedule may delay the adjudication of your application and you could lose your visa number.

              Comment

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