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F2A -i485 filing Question

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  • F2A -i485 filing Question

    Hello guys,

    I am little bit confused with what to do next but here is my story below.

    I am married to an LPR as of 10/31/2017 and I am lawfully present in the U.S on a F1 visa with a valid I-20 till December 2020. My husband filed I-130 in June with a priority date of 6/24/19. Our I-130 got approved on 3/31/20 but because we did not include a copy of my valid I-20 with the I-130 application the approval notice I-797 we received states the approved petition has been sent to U.S Department of State National Visa Center (NVC). We were getting ready to submit the remaining package (i485, i864,i765,i131 and i944) but after receiving the approval notice we are now confused. Do I proceed and submit the complete i485 filing package along with copies of my I-20 to USCIS to show that I am legally present in the U.S so I can adjust my status here even though the approved I-130 has been sent to NVC? or do I wait to hear from NVC first? I believe we were supposed to send copies of I-20 along with the I-130 petition to prove that I have maintained my status and legally present on F1 so I can adjust here in the U.S but it never crossed our minds or saw it as a requirement anywhere.

    Please advise, Thank you!

  • #2
    The text about it being sent to NVC normal for I-130 approval notices. If you are doing Adjustment of Status, just file I-485 at any time. You did not have to send anything showing your status for the I-130 -- the I-130 is only about proving the relationship; it doesn't care about your eligibility for Adjustment of Status. You just need to send evidence you've maintained your status with I-485.

    This is my personal opinion and is not to be construed as legal advice.

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