F2A is current for all countries- green card holders- get ready to file!

The August 2013 visa bulletin comes with some great news for F2A preference category folks.  The F2A category is for spouses and children (under 21) of green card holders, or legal permanent residents.  The priority date jumped ahead almost 2 years making all the priority dates current.  That means, anyone eligible can file their I-485 adjustment of status petition now.   

If your I-130 has been pending and your family is in the US, then file for adjustment.  If the family is outside the US, call NVC.

The visa bulletin indicates that the date will remain so for a few months but also indicates that there might be retrogression in fiscal year 2014.  Fiscal year 2014 begins in October 2013.  While I don’t get the sense that retrogression will occur in October itself, we could see it in the latter part of the 2013 or early 2014.

Good luck to everyone who is eligible to file now.  We are happy to help anyone who wants it.

31 Responses to “F2A is current for all countries- green card holders- get ready to file!”


  1. 1 Shebert Millare July 10, 2013 at 12:11 am

    I have the feeling that F3 may also advance soon which was retrogressed for 3 years way back 2 yeras ago.This is a good sign

  2. 3 Prashant July 10, 2013 at 6:17 am

    Does this mean I can file I-485 without an approved I130..My PD is Nov 15, 2011 and I 130 is still pending…

  3. 5 Ganesh July 12, 2013 at 2:49 am

    Hi, I am permanent resident of us(Dv lottery). I have filed for my spouse and priority date is January 2013, still in initial review. Is it possible for my wife’s file approval ? can I expect this Current F2A apply for me?

  4. 7 Moloo July 12, 2013 at 12:06 pm

    What if my spouse is outside US? How can I expedite the case?

  5. 9 Jim W July 12, 2013 at 2:47 pm

    I am an Australian citizen, currently living in Australia. My wife is a green card holder, currently living in NJ with her son, who is a US citizen. Unfortunately he is not my son, so only my wife can sponsor me. She submitted a petition for me in April 2013. I understand that my I-130 has to be approved before it goes to the consular processing stage. My question is – will they be able to get thru the backlog of applications before the cut-off dates are reintroduced? My application is at Vermont, and the latest figures I can find, about 3 months old, show over 100,000 pending F2A cases there.

    • 10 tahminawatson July 12, 2013 at 3:19 pm

      Dear Jim, I am afraid that you may miss this opportunity as the I-130 must be approved before the NVC will take action. It is very unlikely that the window of opportunity will be open for long enough for you to benefit. There isn’t much you can do to expedite an I-130 unfortunately. My suggestion is that you still call NVC,

      Good luck!

      (Please note that no client/attorney relationship has arisen from this email and that the above content is not legal advice)

      • 11 Jim W July 12, 2013 at 4:06 pm

        Thank you for your frank appraisal of my situation, I was beginning to suspect as much. My initial rush of excitement when I saw the August bulletin rapidly diminished when I looked into the numbers in the pending tray, and the rate of processing of applications. Although I was previously resigned to a wait of 2 years or so, I hope that it may at least reduce a bit if they are making serious efforts to get families back together sooner. I rather doubt that NVC will tell me much, as they apparently only take up the case after USCIS has passed it on, but I have nothing to lose be at least trying. I hope that this post also helps others in the same boat to understand the reality of their position. Thanks again!

  6. 12 f2a485 July 13, 2013 at 5:47 am

    There is a lot of confusion out there as to whether an f2a can adjust status with a pending I-130 or not.
    Is there any rule or law about this specific issue?
    Option a for basis of filing on form l-485 suggest that an approved 130 petition be attached.
    Assuming there is a rule, if one decides to adjust status under f2a with pending 130, what option do you select on form 485?
    Do you select h (other) and just put ‘priority date is current and l-130 is pending’ ?
    Thanks in advance for yojr response.

    • 13 tahminawatson July 13, 2013 at 7:39 pm

      Before applying for adjustment it is important to discuss your case with your attorney. Factors such as manner of entry into the US, working without authorization, criminal convictions, not maintaining status etc. can adversely affect the case. The form, while important, is the easy part of the process. There are many rules guiding this process, so best to discuss your case with your lawyer first. Hope that helps.

  7. 14 Ganesh July 13, 2013 at 4:25 pm

    Thank you tahminawatson for your response. Still I have question here, please. It has been around six months but F2A is not approved yet. It’s still in initial review. Could you please tell me how long is the time for that approval? And Can I call NVC for inquiry though file is not approved yet? Sorry for bothering you.

  8. 16 efa khan July 13, 2013 at 9:13 pm

    Hi, My husband is the petitioner of I-130 and I am the beneficiary. We applied on March 14,2012. Just few days ago,we submitted some papers USCIS required. Now, as Visa Bulletin showing our priority date as current, should I apply for I-485 now?or we should wait until get further notice from USCIS?

    • 17 tahminawatson July 14, 2013 at 9:12 pm

      Efa, if you are currently in the United States, then I would suggest you discuss your case with an attorney at your earliest convenience. If you are not in the US, please see our previous post re. contacting the NVC. Hope that helps.

  9. 18 Zhen lei July 15, 2013 at 9:33 am

    I am a little confused. I filed I-130 in Jan, 2013 for my wife. I was told there 2 years waiting .

    Can I file I 485 in August? Could you e-mail me? I need your help.

  10. 20 Andres M. July 16, 2013 at 11:51 am

    What if I am in the US and out of status with an I-130 petition under “initial review”?.

    Married and LPR after being out of status (overstayed visa/i-94). Are they any options?

    • 21 tahminawatson July 16, 2013 at 1:48 pm

      Hi Andres, thanks for the question. I need more information unfortunately to help you.

      But in general, under the F2A category, one must have maintained status in the US to adjust status.

      • 22 Andres M. July 16, 2013 at 6:12 pm

        Thanks for your answer. A little more details about my situation.

        1. I entered as an adult with B1/B2 in 2004.

        2. My brother (US citizen) filed an I-130 before my I-94 expired. An acceptance notice was received but we knew that category took more than a decade.

        3. I-94 expired and I stayed in the US.

        4. In 2012 I got married to an LPR and filed an I-130. That is under initial review now. My LPR spouse cannot apply for citizenship for another 3 years.

        5. Do the current F2A news help my case? Or must I wait for i130 approval?

        6. Are my only chances of adjusting status while in the US be to wait until my spouse is a citizen?

        Thanks

  11. 23 jing villanueva July 16, 2013 at 2:49 pm

    Im a greencard holder,I file I-130 petition for my son,under F-2A category,It was filed May 0f 2012 when he was 19 years old and out of status.He was able to get working permit through DACA which will expire on January of 2015. Can i file I-485 for him to adjust status even without approve I-130,and out of status at the time i-130 was filed, but then having a working permit this time through deferred action on child arrival. Please reply,thanks.

    • 24 tahminawatson July 16, 2013 at 3:14 pm

      Hello Jing, thanks for such a great question and bringing DACA into this scenario. I’m afraid with F2A category, one must always maintain status to adjust. DACA has its own complications. Perhaps email me with some more facts including how and when your son entered the US. My email address is tahmina@watsonimmigrationlaw.com. You might also want to include in your email when you become eligible for naturalization. Thanks and I will look forward to hearing from you.
      Best, Tahmina

  12. 25 Aubrey September 9, 2013 at 10:48 am

    Hi! I filed a petition for my husband last march 2013 and after a week, I received a notice telling his priority date. I know that F2a is current since aug but I have not receive any approval from USCIS. In other case.. my sister also filed for her husband a month later than me.. but already approve and was forward to NVC. Her husband by the way is in UK. And my husband in the Philippines.

    Do I need to worry? Do I need to call USCIS?
    It might retrogress.. I am afraid nothing will happen in his case. And I don’t want to miss this golden opportunity.

    Thank you so much.

  13. 27 MADHU September 17, 2013 at 2:32 am

    Hi

    I am a GC and filed I130 for my spouse the PD is 11-june-2013, According to the visa bulletin the priority date for F2A is 8-sept-2013 and on 11-sept-2013 USCIS sent me a letter saying my case was transferred from Vermont Service Center to Nebraska Service Center, when I check the status it says initial review.

    What should I do now?

  14. 29 Cesar September 20, 2013 at 11:09 am

    Hi,
    I’m a GC holder and filed I-130 for my wife which was approved. She was also DACA approved. I recently received a notice from NVC stating that we could proceed with visa and her category would be F2A. My question is should i proceed with visa filing and also I-485? would she be asked to leave country since she EWI?

    Thank you for any insight.

  15. 30 Krunal September 28, 2013 at 5:26 pm

    I have green card. I filed i130 for my wife PD is 01/02/13 . On 08/15/13 I received letter from USCIS that case is transferred to Nebraska.
    I see online forms that few of January PD cases are approved.
    should I call for infopass to local office and NVC?

  16. 31 Kamil Tekeli July 12, 2013 at 5:04 pm

    by the way i am Turkish and currently living in Canada, and i have entered usa a few times after i have received my gc but still didnt decide where to immigrate (florida/california),


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