I130 and 485 query

[mms1291]

Hello,

I am a GC holder and my wife is on h1. We got married end of dec 2022 and I wanted to file for her gc but looks like f2a is bo longer current and the cut off date is 2020. Her company is willing to support employment based or marriage based process. My initial plan was to go with marriage based one but with the backlog, I don’t know if it makes sense to do that. Now I an thinking to move forward with employment based while I separately work on marriage based so that she doesn’t go out of status in case her h1 expires before her priority date becomes current in f2a. She is an Indian citizen FYI.

[newacct]

F2A is not current in the Final Action Date chart, but it is still current in the Dates for Filing chart. For determining when Adjustment of Status (I-485) can be filed, USCIS picks one of the two charts every month, . In recent months, USCIS has always chosen Dates for Filing for family-based categories, so as you can see, F2A is still "C". (Of course this might change in future months.) So, at least for now, if your wife is still in status, you guys can file I-130 and I-485 together (or file I-130 first and file I-485 while I-130 is pending) at any time.

By the way, you guys married before or after you got your green card?