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F2A, I-130 Approved, PD is August 2016, what should do next?

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  • F2A, I-130 Approved, PD is August 2016, what should do next?

    Applying for GC for my spouse, F2A, my spouse is in USA.
    Got letter from NVC, saying that their received my approved petition. Our priority date is 1 August 2016.

    1 Question:
    From https://www.uscis.gov/visabulletininfo
    > For Family-Sponsored Filings:
    > You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2017.

    the chart stays 01NOV16, Does this mean we can apply for AOS now?

    2) How long will it take (in average) to go through AOS process?
    3) We initially thought to do consular process, with embassy in Moscow, but now with all the Moscow embassy issues, we not sure if it's a wise move - right now waiting lines for turist visas in Moscow embassy is > 4 month. Anyone have any thoughts / expirience with such situations?

    Would be glad for any feedback/advise.

  • #2
    pls any advice?

    Comment


    • #3
      What visa status does your wife currently have in the US?

      Comment


      • #4
        Similar Question

        Originally posted by iru130approved View Post
        Applying for GC for my spouse, F2A, my spouse is in USA.
        Got letter from NVC, saying that their received my approved petition. Our priority date is 1 August 2016.

        1 Question:
        From https://www.uscis.gov/visabulletininfo
        > For Family-Sponsored Filings:
        > You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2017.

        the chart stays 01NOV16, Does this mean we can apply for AOS now?

        2) How long will it take (in average) to go through AOS process?
        3) We initially thought to do consular process, with embassy in Moscow, but now with all the Moscow embassy issues, we not sure if it's a wise move - right now waiting lines for turist visas in Moscow embassy is > 4 month. Anyone have any thoughts / expirience with such situations?

        Would be glad for any feedback/advise.

        I have a similar question.

        a) F2A category
        b) Priority date - 11 Oct 16
        c) Currently in the USA on an F1 visa (still in school)
        d) Received petition approval letter from USCIS last week

        We noticed that the visa bulletin says we should use the "Dates For Filing" Chart to adjust status, which is at 01 Nov 16. Does that mean that we can submit the I-485 documents now? We are using a lawyer who says that he is waiting until he gets the go ahead from USCIS (he said our file is with immigration so he's waiting until it gets back to the field office... he was also using the "Final Action" table) but somehow I don't agree.

        Awaiting feedback. Thanks!

        Comment


        • #5
          Originally posted by Patiently_Waiting View Post
          I have a similar question.

          a) F2A category
          b) Priority date - 11 Oct 16
          c) Currently in the USA on an F1 visa (still in school)
          d) Received petition approval letter from USCIS last week

          We noticed that the visa bulletin says we should use the "Dates For Filing" Chart to adjust status, which is at 01 Nov 16. Does that mean that we can submit the I-485 documents now? We are using a lawyer who says that he is waiting until he gets the go ahead from USCIS (he said our file is with immigration so he's waiting until it gets back to the field office... he was also using the "Final Action" table) but somehow I don't agree.

          Awaiting feedback. Thanks!
          You have a lawyer to advise you but ultimately you are responsible for what you do. If you think he is wrong then you should do what you think is right. I think it is not a good sign that you are second guessing your attorney. If you are not satisfied with his work then by all means fire him and DYI or get another one.

          Comment


          • #6
            Originally posted by Patiently_Waiting View Post
            I have a similar question.

            a) F2A category
            b) Priority date - 11 Oct 16
            c) Currently in the USA on an F1 visa (still in school)
            d) Received petition approval letter from USCIS last week

            We noticed that the visa bulletin says we should use the "Dates For Filing" Chart to adjust status, which is at 01 Nov 16. Does that mean that we can submit the I-485 documents now? We are using a lawyer who says that he is waiting until he gets the go ahead from USCIS (he said our file is with immigration so he's waiting until it gets back to the field office... he was also using the "Final Action" table) but somehow I don't agree.

            Awaiting feedback. Thanks!
            Yes, you can file. Which chart to use is decided by USCIS each month and is listed on their website. Some months it is Date for Filing, some months it is Final Action Date. This arrangement only started in 2015 (before that the USCIS didn't choose charts and always went by Final Action Date), so some "lawyers" may not be familiar with it. Anyway, you should probably dump this lawyer if they are giving you the wrong information.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              not using lawyers, self filing

              Comment


              • #8
                Originally posted by iru130approved View Post
                Applying for GC for my spouse, F2A, my spouse is in USA.
                Got letter from NVC, saying that their received my approved petition. Our priority date is 1 August 2016.

                1 Question:
                From https://www.uscis.gov/visabulletininfo
                > For Family-Sponsored Filings:
                > You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2017.

                the chart stays 01NOV16, Does this mean we can apply for AOS now?

                2) How long will it take (in average) to go through AOS process?
                3) We initially thought to do consular process, with embassy in Moscow, but now with all the Moscow embassy issues, we not sure if it's a wise move - right now waiting lines for turist visas in Moscow embassy is > 4 month. Anyone have any thoughts / expirience with such situations?

                Would be glad for any feedback/advise.
                1. yes, she can file
                2. probably more than a year because AOS cannot be approved until Final Action Date reaches her PD, and it will take about a year for that to happen

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #9
                  same

                  Originally posted by Patiently_Waiting View Post
                  I have a similar question.

                  a) F2A category
                  b) Priority date - 11 Oct 16
                  c) Currently in the USA on an F1 visa (still in school)
                  d) Received petition approval letter from USCIS last week

                  We noticed that the visa bulletin says we should use the "Dates For Filing" Chart to adjust status, which is at 01 Nov 16. Does that mean that we can submit the I-485 documents now? We are using a lawyer who says that he is waiting until he gets the go ahead from USCIS (he said our file is with immigration so he's waiting until it gets back to the field office... he was also using the "Final Action" table) but somehow I don't agree.

                  Awaiting feedback. Thanks!



                  We are the same situation. My PDI is oct 20 2016. I file 485 131 765last month and I got FP letter yesterday.
                  I have a question for you do we need maintain f 1 visa? after we received 485 recipt? my husband is green card holder.

                  Comment


                  • #10
                    Originally posted by ck371649104 View Post
                    I have a question for you do we need maintain f 1 visa? after we received 485 recipt? my husband is green card holder.
                    no

                    This is my personal opinion and is not to be construed as legal advice.

                    Comment

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