Immigration Site

Hi All,

I am GC holder for about 3.3 years and should be able to file for my Citizenship in another 1.5 years. My husband is studying on student visa. I wanted to wait till I become citizen for filing for his GC but with recent advances in Family Based Visa cut off date advancements, I am thinking if we should file for him under F2A catagory.

We have NOT filed for his I-130 yet.

1) If the forward movement of dates continue and F2A dates become current, is it allowed to concurrently file I-130 and I-485 (AOS) for him at the same time under F2A catagory? Any official posts/ web-links that confirms about this?

2) If concurrent filing is possible, can we also file for AP and EAD?

3) Once I-130 and I-485 (AOS) are filed concurrently, does that mean that he does not have to maintain the student visa any more and can stay in US legally?

3) Will filing I-130 alone or concurrent filing create any problems with his student Visa and travelling back home?

Thanks for the Feedback in Advance.

1. Yes. Once you file the 1-130 and it moves pretty quickly and is notified of visa availability, HE can adjust his status in the US. This will only be so, provided his visa is still valid and no expired.

2. Yes and NO. Yes, you can concurrently file for EAD and AP once hes asked to submit I-485 form. NO, when you file I-130, you cannot obtain a work authorization and travel. It is always a good idea to main a legal status in the US. You can only file concurrently both the I/130/485 IF YOU WERE A US CITIZEN. As of now, only I-130 will work for him.

3. It could create problems, but if he is still in school meaning carrying required course credit, I dont see any problem with his back and forth travel. However, once you file the I-130, I wouldnt travel much, because CBP people could be nuts too.

1) "Concurrent" as in simultaneous filing of I-130 and I-485 for the F2A category currently is not allowed, and probably will never happen unless they change the law to expand the quota so much that the visa bulletin shows C.

But if you mean concurrent as in filing the I-485 while the I-130 is pending, yes that can be done when the PD of the I-130 becomes current.

2) EAD and AP can be filed together with the I-485. But the I-485 cannot be filed together with the I-130 in F2A.

3) Once the I-130 is filed, or once USCIS/CBP otherwise knows about your spouse being married to a green card holder, it may become impossible for him reenter the US with the F1 visa.

Thanks for your replies. Appreciate it.

Does that mean that we can file both I-130 and I-485 concurrently (at the same time) if Dates for F2A catagory becomes Current (C ) in near future?

Thanks again.