What is happening with the Visa bulletin!!?

[AnasAsya]

Hello all,

It's my first time here, I'm so grateful for this website, it's been a long journey for me, and it's my wife turn.
we applied i-130 on June 2016 ( I'm a green card holder, she is on a student visa till 2018 with an expired i-20) We received an approval notification on July, so the Priority Date is July 2016.

Since the last year until today we used to check the Visa Bulletin - Final Action Chart, under the category F2A.
Today I found a new link redirected me to USCIS website stating that Adjustment Of Status applicant must follow dates in another chart which is Filing Date Chart which shows that the current priority dates are those before November 1st 2016, which means its time for us to file i-485 and other applications.

Now the question is :

1. Are we doing the right thing so far?
2. Is F2A the right category for us?
3. Should we file i-485 now?
4. If no, what should we do?

Thank You So Much.
AnasAsya

[newacct]

Yes, her priority date can file I-130 now. (By the way, the priority date is when the I-130 is filed (i.e. received by USCIS), which would be in June 2016 for her, unless you meant it was mailed in June but received in July.)

What do you mean "with an expired i-20"? She must be in status to be eligible for AOS in this category.

[AnasAsya]

Yes, her priority date can file I-130 now. (By the way, the priority date is when the I-130 is filed (i.e. received by USCIS), which would be in June 2016 for her, unless you meant it was mailed in June but received in July.)

What do you mean "with an expired i-20"? She must be in status to be eligible for AOS in this category.

Thank you for your quick response.
We received the approval letter for I-130 with the priority date in July 2016.
She has F1 Visa which is valid till 2/16/2018. But the status which is limited by the period in I-20 has expired.
Would you please explain why she can’t apply for AOS if her status is expired?

Thanks

[inadmissible]

If she is out of status, she will have to obtain an immigrant visa abroad through consular processing

[newacct]

Thank you for your quick response.
We received the approval letter for I-130 with the priority date in July 2016.
She has F1 Visa which is valid till 2/16/2018. But the status which is limited by the period in I-20 has expired.

If she is still going to school, she should have gotten another I-20. If she stopped going to school, then she is out of status no matter if the I-20 is expired or not. Visas are only for entry, and are irrelevant to status.

Would you please explain why she can’t apply for AOS if her status is expired?

As she is in a family-based category other than Immediate Relative (spouse, unmarried under-21 child, or parent of US citizen), she is not eligible for AOS if she has ever been out of status. Why did she think it was okay to fall out of status before filing AOS?

[AnasAsya]

If she is still going to school, she should have gotten another I-20. If she stopped going to school, then she is out of status no matter if the I-20 is expired or not. Visas are only for entry, and are irrelevant to status.


As she is in a family-based category other than Immediate Relative (spouse, unmarried under-21 child, or parent of US citizen), she is not eligible for AOS if she has ever been out of status. Why did she think it was okay to fall out of status before filing AOS?

Thank You Again for your professional detailed answers.

We thought getting the I-130 approval means "pending" and she will be protected.
What are our options other than leaving U.S since we have 11 months old baby, or waiting until I get my citizenship by the beginning of 2020?
p.s we have not received any notice from USCIS stating that she is out of status.

[Dreamerdancer42]

Thank you for your quick response.
We received the approval letter for I-130 with the priority date in July 2016.
She has F1 Visa which is valid till 2/16/2018. But the status which is limited by the period in I-20 has expired.
Would you please explain why she can’t apply for AOS if her status is expired?

Thanks

Just from reading these, you said she has visa until Feb '18, so by that time quickly apply for AOS, before she falls out of status! I 130 alone is good for nothing...its only a stepping stone to either adjust status in the US or get an immigrant visa. I dont know much about the difference, when you are a spouse of an American citizen versus a green card holder, but seems , someone explained here, that they wont forgive the spouse being out of status! Nobody is going to announce you, when you become out of status, thats your responsibility and you have to keep up with it. I would apply for AOS asap, before her F1 visa expires. I maybe wrong, but if she is allowed to be in country untill Feb '18, than nothing should stop her to apply..espec, if you already have I 130...

[inadmissible]

We thought getting the I-130 approval means "pending" and she will be protected

It does not

What are our options other than leaving U.S since we have 11 months old baby, or waiting until I get my citizenship by the beginning of 2020

Her only other option is to divorce you, marry a US citizen, and adjust her status immediately without departing the United States

she has visa until Feb '18, so by that time quickly apply for AOS, before she falls out of status

Visa and status are different things. Visa validity is irrelevant for this purpose

Nobody is going to announce you, when you become out of status, thats your responsibility and you have to keep up with it

True

I would apply for AOS asap, before her F1 visa expires. I maybe wrong, but if she is allowed to be in country untill Feb '18, than nothing should stop her to apply

She is allowed to be in country for the duration of her status, without any regard to her visa validity. If she's out of status, she is not eligible for apply for adjustment of status, even if her visa sticker is still valid