Can i file i485 with i130 for F2A ?

[zapomniany123]

I am a green card holder and my fiancee is on B1/B2 visa, we are going to get married soon, we want to adjust her status. I contacted several lawyers and they are saying that I can file i130 and i485 together because on the USCIS website is written that I can use final action date to file

https://www.immihelp.com/all-visa-bulletins/

wich is current on visa bulletin, I want to make sure because one of the lawyer said that I need to wait until my i130 is approved, is that true? Because from I understand what USCIS is saying I don't need to wait for i130 approval to file i485

[sohi429]

You can file together as the priority date for F2A category is current. I fall under the same category and I filed concurrently in October.

[Trini0616]

I met with a lawyer too about this same question. My understanding is, you can file concurrently (both the I-130 and I-485 together) but only if she has not overstayed as of the date of filing. I filed concurrently for my spouse. He was on a B2 as well, we filed 15 days before his I-94 stamp expired.

Is your fiancé's stay/I-94 stamp expired?

If it is, you can't file concurrently.

[Trini0616]

@zapomniany123

please see the link above and note that the intending (your fiancé) would need to be in legal status at the time of application. I hope she is and that you can join the rest of us F2A concurrent filers on this journey while the F2A is still current.

[chuva02]

From your experiences, have someone recieved his EAD? and how dates or moths after the PD...

Thanks in advance guys USCIS just got my package yesterday doing the same AOS as you guys...

[Trini0616]

From your experiences, have someone recieved his EAD? and how dates or moths after the PD...

Thanks in advance guys USCIS just got my package yesterday doing the same AOS as you guys...

It seems like they are skipping the EAD if you don't request an expedite. My fellow October filers are receiving "ready for interview" status updates and interview notices. But nothing for the October F2A filers yet.

[freshyourmind]

It seems like they are skipping the EAD if you don't request an expedite. My fellow October filers are receiving "ready for interview" status updates and interview notices. But nothing for the October F2A filers yet.

Hello, Could you please tell me, what to do if they are requesting the proof of my US citizenship on F2A. I am a green card holder and applied for my wife's green card based on Current visa, she is on student visa. Should I write them the letter explaining or what? I am just little worried maybe I made mistake on I--485 form on eligibility category , I choose Family based, Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130. Maybe I should have chosen Other eligibility. Thank you for your help. Best regards.

[newacct]

Hello, Could you please tell me, what to do if they are requesting the proof of my US citizenship on F2A. I am a green card holder and applied for my wife's green card based on Current visa, she is on student visa. Should I write them the letter explaining or what? I am just little worried maybe I made mistake on I--485 form on eligibility category , I choose Family based, Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130. Maybe I should have chosen Other eligibility. Thank you for your help. Best regards.

What you described sounds like you filled it out right. Sometimes they make mistakes. Just send proof of your permanent residency again, and you can put a cover letter that you are a permanent resident, not a citizen.

[freshyourmind]

What you described sounds like you filled it out right. Sometimes they make mistakes. Just send proof of your permanent residency again, and you can put a cover letter that you are a permanent resident, not a citizen.

Newacct, Thank you very much for your response. It really helped me to come down.Yes, I will do that then. Best regards.

[Enub4]

The latest I-130 looks like this:

so my guess is that USCIS made a mistake.

[sohi429]

Hello, Could you please tell me, what to do if they are requesting the proof of my US citizenship on F2A. I am a green card holder and applied for my wife's green card based on Current visa, she is on student visa. Should I write them the letter explaining or what? I am just little worried maybe I made mistake on I--485 form on eligibility category , I choose Family based, Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130. Maybe I should have chosen Other eligibility. Thank you for your help. Best regards.

I filed under F2A category as well and I got the same RFIE as you. I responded by sending a cover letter explaining I filed under F2A and that the spouse doesn't need to be US citizen, a copy of RFIE, copy of my original petition, copy of PR card, USCIS visa bulletin which stated the Priority Date was current for the month I applied in.

[chuva02]

Hi guys i just my packet back due to some errors in G 1045 form for the Credit Card, my wife has until feb 20 that expires his I 94.. Can i refile everyhting to the lock box? would she have a problem of overstaying in this time or with this aplication? my best wishes for everyone

I am also under F2A concurrent filling

[Enub4]

Hi guys i just my packet back due to some errors in G 1045 form for the Credit Card, my wife has until feb 20 that expires his I 94.. Can i refile everyhting to the lock box? would she have a problem of overstaying in this time or with this aplication? my best wishes for everyone

I am also under F2A concurrent filling

I think as long as the package is accepted before Feb 20 she will not have any problems.

[Veronica 333]

Hi guys, did you have your interviews? Did they bring up the US Citizenship issue?

[Damian 7893]

I am a green card holder and my fiancee is on B1/B2 visa, we are going to get married soon, we want to adjust her status. I contacted several lawyers and they are saying that I can file i130 and i485 together because on the USCIS website is written that I can use final action date to file https://www.immihelp.com/all-visa-bulletins/
wich is current on visa bulletin, I want to make sure because one of the lawyer said that I need to wait until my i130 is approved, is that true? Because from I understand what USCIS is saying I don't need to wait for i130 approval to file i485

Did you get approved?