Date for Filing Question

[Caler355]

Hi, could anyone tell me if you are eligible to file as per the date for filing chart on the Visa Bulletin, do you file yourself without invitation or do you wait for an invitiation to do it? Thank you.

[newacct]

You can only file I-485 if the date on this USCIS chart passes your priority date. For some months USCIS chooses Date for Filing, and some months they choose Final Action Date. It's not always Date for Filing.

If the date on that USCIS chart has passed your priority state, and you are otherwise eligible, you just file I-485 yourself. There is no "invitation".

[Caler355]

You can only file I-485 if the date on this USCIS chart passes your priority date. For some months USCIS chooses Date for Filing, and some months they choose Final Action Date. It's not always Date for Filing.

If the date on that USCIS chart has passed your priority state, and you are otherwise eligible, you just file I-485 yourself. There is no "invitation".

Hi, thanks for your reply, yes I'm well passed regarding the date for filing and not too far away from the final action date as well, we have had no correspondence from the USCIS since lodging the petition other then "your case is being actively reviewed" when you check with your receipt numbe.

Just one other question if you could tell me, I'm not living in the USA, just waiting in my home country, can I still lodge the paperwork?

[newacct]

Hi, thanks for your reply, yes I'm well passed regarding the date for filing and not too far away from the final action date as well, we have had no correspondence from the USCIS since lodging the petition other then "your case is being actively reviewed" when you check with your receipt numbe.

Just one other question if you could tell me, I'm not living in the USA, just waiting in my home country, can I still lodge the paperwork?

Well you posted in the Adjustment of Status forum, so I though you were doing Adjustment of Status (the process of getting a green card from within the US). If you are abroad, then you would be doing Consular Processing which is a completely different process. For Consular Processing, you would have to first wait until the petition (I-130 or I-140) is approved, and then wait for NVC and the consulate to contact you when the date on the Dates for Filing chart passes your priority date.

[Caler355]

Well you posted in the Adjustment of Status forum, so I though you were doing Adjustment of Status (the process of getting a green card from within the US). If you are abroad, then you would be doing Consular Processing which is a completely different process. For Consular Processing, you would have to first wait until the petition (I-130 or I-140) is approved, and then wait for NVC and the consulate to contact you when the date on the Dates for Filing chart passes your priority date.

Yes, my mistake there but thanks very much for the clarification and taking the time to reply.