F2A Current - Concurrent AOS Filers - Let's help each other

[Trini0616]

Hi Trini0616, I am also another F2A concurrent filing in July 2019. I had the interview at the Baltimore office in early October.
At the interview, my I-130 was approved on the spot. BUT, my I-485 got rejected for the reason "F2A visa not available in July 2019".
It was a weird decision, and my lawyer believed that the interviewing officer made a mistake.
I have filed the appealing Form I-290B, sent to Chicago lockbox. The filing fee is $675. It cost too much for me just to correct their mistake!!!


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Field office: Baltimore, MD
Currently on a J-1 Visa (still valid)
F2A (married to a green card holder)

7/10/2019: Concurrent filing I-130, I-485, I-765, I-131 Application delivered to USCIS
7/12/2019: Priority Day for I-130
7/19/2019: NOAs Received
09/11/2019: Request for Initial Evidence for I-485 issued (ask for the proof of my wife US resident)
09/15/2019: RFE response received by USCIS (we explained my wife is currently a US permanent resident, not a US resident, and the F2A Visa is current for concurrent filling)
10/26/2019: Biometrics letter received
11/08/2019: Biometrics Completed
12/06/2019: Ready to be scheduled for an interview
02/11/2020: Combo card EAD + Advance Parole is being produced
02/13/2020: Combo card EAD + Advance Parole was in my hand
03/24/2020: Interview Scheduled
03/18/2020: Interview Cancelled due to COVID-19
09/01/2020: Interview Rescheduled
10/01/2020: Interview Completed (a very smooth interview, I-130 was approved at the spot, and IO mentioned he will check the F2A visa availability at the time I filled!!!)
10/08/2020: I-130 approved
10/16/2020: I-485 denied. Here is the reason I quoted exactly in the denial letter:
"At the time you filed Form I-485 on July 12, 2019, your visa category was not current"

Wow. Smh. And I know the F2A category was current in July 2019 too and still is. I got the same RFIE as you did too. I really have to hope and pray my interviewing officer doesn't make that same, very costly, mistake. Smh. But thank you very much for the information. Now I know to be ready for that, just in case. Much thanks BalCase, I really appreciate the information.

[sohi429]

Hi Trini0616, I am also another F2A concurrent filing in July 2019. I had the interview at the Baltimore office in early October.
At the interview, my I-130 was approved on the spot. BUT, my I-485 got rejected for the reason "F2A visa not available in July 2019".
It was a weird decision, and my lawyer believed that the interviewing officer made a mistake.
I have filed the appealing Form I-290B, sent to Chicago lockbox. The filing fee is $675. It cost too much for me just to correct their mistake!!!


-------------------------------------

Field office: Baltimore, MD
Currently on a J-1 Visa (still valid)
F2A (married to a green card holder)

7/10/2019: Concurrent filing I-130, I-485, I-765, I-131 Application delivered to USCIS
7/12/2019: Priority Day for I-130
7/19/2019: NOAs Received
09/11/2019: Request for Initial Evidence for I-485 issued (ask for the proof of my wife US resident)
09/15/2019: RFE response received by USCIS (we explained my wife is currently a US permanent resident, not a US resident, and the F2A Visa is current for concurrent filling)
10/26/2019: Biometrics letter received
11/08/2019: Biometrics Completed
12/06/2019: Ready to be scheduled for an interview
02/11/2020: Combo card EAD + Advance Parole is being produced
02/13/2020: Combo card EAD + Advance Parole was in my hand
03/24/2020: Interview Scheduled
03/18/2020: Interview Cancelled due to COVID-19
09/01/2020: Interview Rescheduled
10/01/2020: Interview Completed (a very smooth interview, I-130 was approved at the spot, and IO mentioned he will check the F2A visa availability at the time I filled!!!)
10/08/2020: I-130 approved
10/16/2020: I-485 denied. Here is the reason I quoted exactly in the denial letter:
"At the time you filed Form I-485 on July 12, 2019, your visa category was not current"

Damn, this sucks.

The officer for my interview also wasn't aware of this even though I had an RFE for the exact same reason. He took good 10 minutes to pull out this information from the October 2019 visa bulletin. Everyone in F2A should take a printout of the visa bulletin for their respective PD months at the interview and should point this out specifically.

[balcase]

Wow. Smh. And I know the F2A category was current in July 2019 too and still is. I got the same RFIE as you did too. I really have to hope and pray my interviewing officer doesn't make that same, very costly, mistake. Smh. But thank you very much for the information. Now I know to be ready for that, just in case. Much thanks BalCase, I really appreciate the information.

Hi Trini0616, to avoid this happens, my advice for all people concurrently filing under category F2A is: 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 in case the interviewing officer might challenge you. I really regret that I did not know/prepare that Visa Bulletin document for the interview to show for the officer. I was tormented myself for more than two weeks since I received the denial letter...

[balcase]

Damn, this sucks.

The officer for my interview also wasn't aware of this even though I had an RFE for the exact same reason. He took good 10 minutes to pull out this information from the October 2019 visa bulletin. Everyone in F2A should take a printout of the visa bulletin for their respective PD months at the interview and should point this out specifically.

Hi sohi429, thanks for your understanding. Yes, the denial reason was wrong, totally an obvious error from the interviewing officer and probably his supervisor (or they also overlooked). This denial is causing so much trouble for my current career plan, job application during this uncertain period in the US. In the denial letter, they also asked me to return the combo EAD + Advance Parole card within 18 days. And I had to pay $675 to file an appealing form. More importantly, I do not know how the outcome will be. The average processing time for the appealing form I-290B is 6 months, meaning my case will be pending until May/June 2021.

[sandeep.iiit]

Damn, this sucks.

The officer for my interview also wasn't aware of this even though I had an RFE for the exact same reason. He took good 10 minutes to pull out this information from the October 2019 visa bulletin. Everyone in F2A should take a printout of the visa bulletin for their respective PD months at the interview and should point this out specifically.

Wow this is so messed up. And that too they check this trivial thing after a year worth of processing is already done and time spent? They should check this when they receive the AOS and immediately reject at the time if someone files it without being current. Once they accept an application, there shouldn't be a need to check this again. This is so so so messed up.

[Trini0616]

Hi sohi429, thanks for your understanding. Yes, the denial reason was wrong, totally an obvious error from the interviewing officer and probably his supervisor (or they also overlooked). This denial is causing so much trouble for my current career plan, job application during this uncertain period in the US. In the denial letter, they also asked me to return the combo EAD + Advance Parole card within 18 days. And I had to pay $675 to file an appealing form. More importantly, I do not know how the outcome will be. The average processing time for the appealing form I-290B is 6 months, meaning my case will be pending until May/June 2021.

Smh. I am so sorry this happened to you. This is really messed up. I really feel your pain.

[Trini0616]

The interview was Monday in Baltimore. I am the petitioner and GC holder, my husband the beneficiary. There was a long line to go through security. I didn't even realize it was one of those belt off, shoes off, pockets empty kind of deals to enter USCIS now. Felt like I was preparing to catch a flight. Anywhose… we waited for about 20 minutes before we were called. While waiting I was surprised to see couples with little manilla file folders tucked under one arm. I needed a whole rolling laptop bag to hold my documents and it was still bursting at the seams. Anyways, my interviewer was professional and even friendly towards the end. He kept saying my file was thick and that I submitted a lot of documents. Perhaps I over did it. LOL. But I was worried that our age difference might be a red flag, but that never came up.

So our interview lasted about 30 minutes. It started with the swearing in and collecting of IDs, then he asked for my name change and when I purchased the property we live at. He also asked when I became a GC holder and if there was any particular reason I had not applied for citizenship. After that most of the questions were directed to my husband regarding his fire arms training and activities as a former police officer, his prior marriage and divorce, and the locations of his children. The interviewer asked basic questions about the relationship such as when and where we met. Then he asked if we wished to submit any additional supporting documents and that's when I pulled out my package... BAM!! The officer quickly perused it, thanked us for being prepared and well organized and said it made their jobs so much easier. From there things got friendly. The officer looked through our album, took about 8 photos and chit chat with us about places we've been, apparently he had been to two of the same places.

In the end he admitted that he had not yet reviewed our file so he would have to hold it for review. I asked if we should renew my husband's combo card, he said we should wait until one day before it expires because we were likely to receive an action before then. He explained to my husband that he would get a 2yr temporary GC. He gave us the white paper and walked us out.

Since then there has been two status changes. Monday night our status changed to held for review. Last night the I-130 status was updated with name changed. So... back to waiting...

19 days later... still no decision... still waiting.

[Trini0616]

Got notice last night that the I-130 was approved but still no decision on the I-485. Smh. USCIS is not good for my mentals.

[Trini0616]

Today is day #30 since our AOS interview on Nov 16th. Just received an email that says "New Card Is Being Produced". I checked the status and history online. It doesn't say approved it says just says new card is being produced. Whateverrrrrrrr! I'll take that to mean his I-485 was approved and his GC is being produced. Thank God! Our original filing date was 10/10/2019 so it took us about 14 months through the Baltimore Field Office.

And again today, I'm thinking of just how wrong they did my fellow F2A filer Don't be discouraged. This is just more proof that you will get yours too. I pray that it will be soon.

[Gcapplicant2019]

Today is day #30 since our AOS interview on Nov 16th. Just received an email that says "New Card Is Being Produced". I checked the status and history online. It doesn't say approved it says just says new card is being produced. Whateverrrrrrrr! I'll take that to mean his I-485 was approved and his GC is being produced. Thank God! Our original filing date was 10/10/2019 so it took us about 14 months through the Baltimore Field Office.

And again today, I'm thinking of just how wrong they did my fellow F2A filer Don't be discouraged. This is just more proof that you will get yours too. I pray that it will be soon.

Wow , congratulations. Tomorrow should change into approved. “New card ...” comes a day before approved.

[Trini0616]

Wow , congratulations. Tomorrow should change into approved. “New card ...” comes a day before approved.

Thank you!! It changed to approval letter sent. But that's all okay with me.

[Trini0616]

My husband's GC arrived today. They gave him the 10yr card. We've been married for 1yr and 4 months. Go figure.

[Gcapplicant2019]

My husband's GC arrived today. They gave him the 10yr card. We've been married for 1yr and 4 months. Go figure.

Congratulations,
my husband’s case was changed into new card is being produced. Can’t wait to receive the card . I’m expecting it to arrive in 10 days. It should be also 10 years because we are married for 11 years

[Trini0616]

Congratulations,
my husband’s case was changed into new card is being produced. Can’t wait to receive the card . I’m expecting it to arrive in 10 days. It should be also 10 years because we are married for 11 years

Congratulations to you and yours!!

[Damian 7893]

Can I file F2A with a valid B2 status?