HR
  •  HR
  • Newbie Topic Starter
Thursday, June 20, 2013 4:56:57 PM
I have LPR status and I am in the process of applying for I-130 for my spouse. She has an Indian passport currently and is in the process of obtaining Singapore passport. Does switching the passports or citizenship while I-130 application is in the process going to affect the dependent/conditional LPR application process?

Also, if we file for I-130 and when the F2A category becomes current in the next few months (as per July Visa Bulletin), are we going to be able to apply for I-485 right away? Could you please elaborate on the F2A becoming current? Thanks!
Amazon
Thursday, June 20, 2013 9:08:57 PM
Hi HR, thanks for posting here.

Originally Posted by: HR 

I have LPR status and I am in the process of applying for I-130 for my spouse. She has an Indian passport currently and is in the process of obtaining Singapore passport. Does switching the passports or citizenship while I-130 application is in the process going to affect the dependent/conditional LPR application process?



I am not fully sure on this. I would recommend calling USCIS to confirm or talking to a lawyer. I did notice that I-130 does not ask for spouse country of citizenship, but I-485 does.

Quote:

Also, if we file for I-130 and when the F2A category becomes current in the next few months (as per July Visa Bulletin), are we going to be able to apply for I-485 right away?



Yes, USCIS allows concurrent filing of I-130 and I-485 application. Please see the link below:

http://www.uscis.gov/por...VgnVCM100000082ca60aRCRD 

Quote:

Could you please elaborate on the F2A becoming current? Thanks!



F2A is expected to be current in coming months due to large amount of visas wasted in FY 2012. It is expected to remain current to fill pipeline of cases. Please see this link for more details on F2A category:

http://blog.mygcvisa.com...letin-july-2013.html#F2A 

Please feel free to post any other questions.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
HR
  •  HR
  • Newbie Topic Starter
Thursday, June 20, 2013 10:45:32 PM
Thanks for your post, Amazon!

For the cases who can file concurrently, they say the following -

Who can file concurrently?
Concurrent filing is allowed in the following instances:

  • Immediate relatives of U.S. citizens living in the United States
  • Most employment based applicants and their eligible family members when a visa number is immediately available
  • Special Immigrant Juveniles
  • Self petitioning battered spouse or child if
  • The abusive spouse or parent is a U.S. citizen, or
  • The abusive spouse or parent is a U.S. citizen, or
  • If an immigrant visa number is immediately available
  • Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member


Does this mean, being a LPR, I don't get to file or because the immigrant visa number is immediately available, I still get to file concurrently?

If we can apply for I-485 in parallel, then as soon as the priority date becomes current and we get approved, USCIS will start to process I-485. That means the only wait time for us will be the time it takes for USCIS to provide us the conditional green-card document. Is that right?

With the F2A cases becoming current, at that time (or before) if we have I-130 filed, would it be a matter of getting an approval? There's no wait time involved. Is that right?

Appreciate your response!

HR
Amazon
Friday, June 21, 2013 6:22:52 AM
You can file I-485 when PD is current. If filed concurrently, USCIS could process them in parallel. The total processing time depends on service center. Each service center may have different processing time to process the I-130, I-485 applications.

If the volume of the cases increases, the processing time could also increase (unless USCIS hires more people).
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
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