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F2A Current - Concurrent AOS Filers - Let's help each other
Hello to all my fellow F2A fillers. Those of us who seized upon the rare opportunity of "C" current status for F2A preference category on the Visa Bulletin. I haven't seen a thread for those married to LPR and filing concurrent I-485 along with the I-130. This type of filing is different from those married to a USC and even different from F2A filers who filed the I-130, got it approved and waited out the priority date. Our concurrent F2A filing poses unique challenges, like RFIEs for "proof of US citizenship of US citizen spouse", and denial of the I-485 due to the "priority date not being current", etc. Believe it or not, USCIS do make these mistakes on F2A files. Look through this post and you will see some of us went through these errors/horrors even though everything was filed as required. These are issues that our fellow filers, married to USC will never experience and can't help us with. So F2A filers, let's gather here and help each other through.
Here is some extra steps and extra information unique to F2A filers:
* To avoid and RFIE for your spouse's citizenship documentation be sure to:
** Include a copy of the current visa bulletin from USCIS when submitting the AOS package.
*** If you do get that RFIE respond quickly (well within 30 days) with a letter signed by both explaining that the petitioner is LPR not a USC and you qualify to file the AOS concurrently because the F2A status is current. Attach a copy of the front and back of the petitioner's GC, a copy of the USCIS visa bulletin for the filing month, a copy of your I-130 and I-485 receipt showing the filing category, and copies of the application where the category was listed. Highlight all as needed. This response will get your application back on track.
* To avoid denial of your I-485 because your priority date isn't current be sure to:
Here is some extra steps and extra information unique to F2A filers:
* To avoid and RFIE for your spouse's citizenship documentation be sure to:
** Include a copy of the current visa bulletin from USCIS when submitting the AOS package.
*** If you do get that RFIE respond quickly (well within 30 days) with a letter signed by both explaining that the petitioner is LPR not a USC and you qualify to file the AOS concurrently because the F2A status is current. Attach a copy of the front and back of the petitioner's GC, a copy of the USCIS visa bulletin for the filing month, a copy of your I-130 and I-485 receipt showing the filing category, and copies of the application where the category was listed. Highlight all as needed. This response will get your application back on track.
* To avoid denial of your I-485 because your priority date isn't current be sure to:
** On the day of your interview, please print out the Visa Bulletin (USCIS) showing that the F2A visa was current for filing at the time you filed. Bring this document to the interview and make sure you show it to and discuss it with the officer.
*** If your I-485 is denied for the priority date being current respond quickly (well within 30 days) by filing the I-290B appeal. Yes it'll cost you more, and yes it's unfair but this is what you have to do. USCIS will accept and then review your appeal, recognize their mistake and approve your I-485 in a few months. Do not submit a whole new AOS and start over.
I hope this helps an F2A filer somewhere someday! Best wishes to you and yours in this process!
This Concurrent AOS F2A Filer's Timeline:
Entered US on B1/B2 status April 2019.
Married LPR August 2019.
Filed AOS concurrently without lawyer October 2019.
Biometrics November 2019.
RFIE for proof of citizenship December 2019.
EAD combo card received March 2020.
Interviewed November 2020 - Baltimore Field Office.
I-130 and I-485 approved and GC in-hand December 2020.
*** If your I-485 is denied for the priority date being current respond quickly (well within 30 days) by filing the I-290B appeal. Yes it'll cost you more, and yes it's unfair but this is what you have to do. USCIS will accept and then review your appeal, recognize their mistake and approve your I-485 in a few months. Do not submit a whole new AOS and start over.
I hope this helps an F2A filer somewhere someday! Best wishes to you and yours in this process!
This Concurrent AOS F2A Filer's Timeline:
Entered US on B1/B2 status April 2019.
Married LPR August 2019.
Filed AOS concurrently without lawyer October 2019.
Biometrics November 2019.
RFIE for proof of citizenship December 2019.
EAD combo card received March 2020.
Interviewed November 2020 - Baltimore Field Office.
I-130 and I-485 approved and GC in-hand December 2020.
!! Our timeline sometimes
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