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LPR marrried to F1: When do I submit AOS package?

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  • LPR marrried to F1: When do I submit AOS package?

    Hello. I am an LPR (I’m about 10 mos away from applying for citizenship) and my husband is currently on an F1 visa. We had just received the I797 approval notice of our I130, six months earlier than we thought, which is great. His priority date is 11/06/2017.

    In the letter it says that a “visa is not available for the beneficiary” and that “once a visa available..beneficiary can apply for adjustment of status.”

    My question is, how do we know if a visa is available? Yes, I know to check the visa bulletin, and if I go by the current visa bulletin, with my husband’s category and his priority date, then he should already be able to apply. But then, shouldn’t the letter have stated this already?

    Am I waiting for more letters or notices to come? How do we know what to do next? I don’t want to jump the gun and send in the whole I485-package and than just have it rejected, etc. I can’t afford a lawyer beyond the free or $50 consultations and when I do those, I feel they hold back because I’m not paying the $300-$500 hourly fee.

    thank you for the help.

  • #2
    According to this month's and next month's visa bulletin your PD is current, So you can assemble and file i485 packet whenever you want to. If you wait longer the USCIS might retrogress the dates on Visa bulletin starting september, just due to the amount of people filing. Good luck!
    02/20/2018 F2A category PD
    06/07/2019 Package delivered (I485, I131, I765, I864, medical)
    06/17/2019 Received 3 NOAs in the mail (for i485, i765, i131)
    06/28/2019 Received biometrics notice and did a walk-in the same day.
    07/12/2019 Expedite request via USCIS and senator's office
    07/26/2019 Case ready to be scheduled for interview for i485
    07/26/2019 New card being produced I765
    08/03/2019 Combo card in hand

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    • #3
      Thanks for this! That helps a lot!

      Comment

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