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All F2A Current for August 2013 Visa Bulletin

by Rubina Chuang

Beginning August 1, 2013 through at least August 31, 2013, all foreign nationals who are the spouse or child under 21 years old of a U.S. lawful permanent resident (family-based preference category "F2A") may immediately apply for lawful permanent residence.

What is the Family-Based Preference Category System?

The United States limits how many foreign nationals may legally immigrate to the United States per year. The Immigration and Nationality Act (INA) sets rules and regulations regarding how many visas the U.S. Department of State (DOS) will allocate to each country and, within each country, to each category of immigrant. The categories of immigrants are as follows:

First Preference (F1): Unmarried Sons and Daughters of U.S. Citizens

Second Preference (F2): Spouses and Unmarried Sons and Daughters of a Permanent Resident

F2A: Permanent Residents' spouses and children under 21 years old

F2B; Permanent Residents' sons and daughters who are 21 years old or older

Third Preference (F3): Married Sons and Daughters of U.S. citizens

Fourth Preference (F4): Brothers and Sisters of Adult U.S. citizens

August 2013 Visa Bulletin

Every month, DOS issues a bulletin to update applicants on the availability of immigrant visa numbers. Since there are usually more applications than there are visa numbers per country and per category, the DOS visa bulletin shows applicants approximately how long they must wait before they can receive a visa number. In order to be eligible for a visa number-or, in other words, have a "current" priority date-a visa applicant must have submitted their visa petition before the cutoff date shown on the chart according to their country of origin and preference category. Those whose petitions were filed on or before the cutoff date are considered "current" and may apply for a visa.

The August 2013 chart for family-based immigrant visa numbers is below:

 

All Countries (except those listed)

China-Mainland born

India

Mexico

Philippines

F1

Sept. 01, 2006

Sept. 01, 2006

Sept. 01, 2006

Sept. 01, 1993

Jan. 01, 2001

F2A

Current

Current

Current

Current

Current

F2B

Dec. 1, 2005

Dec. 1, 2005

Dec. 1, 2005

Feb. 01, 1994

Dec. 22, 2002

F3

Dec. 08, 2002

Dec. 08, 2002

Dec. 08, 2002

May 01, 1993

Dec. 01, 1992

F4

June 22, 2001

June 22, 2001

June 22, 2001

Sept. 22, 1996

Jan. 08, 1990

According to the chart, all eligible applicants with petitions filed under the F2A category, permanent residents' spouses and children under 21 years old, may apply for a visa beginning August 1, 2013.

Furthermore, if you are the spouse of a lawful permanent resident, or a child under 21 years old of a permanent resident who does not yet have a visa petition filed, you should submit your visa petition as soon as possible during the month of August 2013 in order to be able to take advantage of the current priority date for F2A and apply for a visa immediately. We do not know yet whether the category will remain current after August 31, 2013, so it is crucial to apply as soon as possible.

Also, if you are the spouse or child under 21 of a permanent resident AND you are eligible for adjustment of status in the United States, meaning your last entry into the United States was a lawful entry or you had a visa petition on file for you on or before April 30, 2001 ("245(i)"), it is to your benefit to file your visa application as soon as possible during the month of August. Even if the F2A category is no longer current after August, by filing in August you will be eligible to receive work authorization while your application remains pending. This will allow you to work legally in the United States until your application for adjustment of status is adjudicated.

**This blog is written for the purpose of providing general information only, and is not legal advice. If you have specific questions about your case, we suggest you call our office to set up a consultation to speak to an attorney.

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61 Comments

So does that mean if I have all my documents ready and my wife is here I can send her i130, i485, i765 and i130 tomorrow morning or I have to wait until August 1st?

Hi Sam,
Those who are eligible for this benefit must wait until August 1 to apply, unless their priority dates are already current for the July 2013 Visa Bulletin. If you have specific questions about your case, I recommend you set up a consultation with an immigration attorney, as every situation is different depending on the details of each case. Our office number is (510) 433-1900 if you'd like to make an appointment for a consultation.

**The above reply does not establish an attorney-client relationship.

Then from August 1, if a foreigner marries a LPR in the U.S., can the foreigner file her I-130 and I-485 at the same time right after the marriage? Is there a marriage period requirement or a residence period requirement?

Hi Gina--No, there is no marriage period requirement or residence requirement for an eligible applicant to file the applications, however each case is different and whether or not it is advisable to file immediately after the marriage takes place varies.

**The above reply does not establish an attorney-client relationship.

hi there, quick question, i just recently filed my petition for my wife and son (3yrs old) both of which is in the philippines, i received their notice of action i797c receipt of i130, they have a receipt # and priority date, but their petition is not yet approved. what will happen to them if the priority date is may2013 and accdg to the visa bulletin it will become current next month, what steps should i do? since their petition is not yet approved.

Hi Paulo-- In general, foreign nationals living abroad who are in the F2A category must wait to apply for their immigrant visas, or "consular process", until the I-130 has been approved. If F2A is current when the I-130 is approved, or if their priority date is current, then they are eligible to consular process. If you have specific questions about your case, please do not hesitate to call us for a consultation at (510) 433-1900.

**The above reply does not establish an attorney-client relationship.

Hi,

I am on H1-b and my wife is on green card. we were married in Feb 2012 but never applied for i-130 so far as I thought to apply once she becomes citizen in Jan 2014. but now as F2-A is current, can i do concurrent filing of i-130, 1-485, i-765 and i-131 on August 1st, if yes can I send all 4 applications in one envelope?

Hi Nani-- Yes, in theory on August 1 you and your wife can do the concurrent filing and send all in one envelope to USCIS. However, there may be other issues to consider depending on the specific circumstances of your case. If you would like to speak to an attorney about your specific case, please do not hesitate to give us a call.

**The above reply does not establish an attorney-client relationship.

hi, how do i know if my I-130 has been approved, calling nvc or uscis, we have received i-797 and priority date.

thanks!!

Hi Eduard-- You will receive a notice in the mail from USCIS when a decision has been made on your petition. You can also call USCIS customer service, or check online with your receipt number at www.uscis.gov.

**The above reply does not establish an attorney-client relationship.

hello,i have a question,regarding my f2a petition for my wife in the philippines,i filed an i-130 and got approve,our PD is sept.28 2012,since the priority date is current on the month of august,what are the next step?should we be filing to adjust status on august?

I applied my I-130 when I was 19 years old (NOV 2011) and now I am 21. I heard there is a special formula to calculate my age when applying for greecard. Would I still be considered as under 21 since I applied when I was 19 and turned 21 while it is under processing??

Thank you

Hello im rjay i filled my petition for my wife and daughter last march 2013 we get married last feb.6 2013 then i went back to usa after a week we get married..what do i need to do to get my spouse and daughter f2a current do i need to update that im still waiting for there decision,

Hello, I have one question. I filed I130 petition for AOS for my wife who is physically present in the US and now it has been approved. I also received notification from NVC after two weeks. Basically I am confused since I heard that they send it to NVC for consulate processing only. Now that F2A category is current in August, I am planning to file I485 in August for AOS. Do I need any action before sending my package to the USCIS? Will it automatically convert to AOS once I send the package to the USCIS?

Hey... my husband has applied for my visa in August 2012. Kindly update me when will i get my visa in process as per the new law.

These are all very good questions. Unfortunately, immigration law is very complex, and it is not possible for us to answer your specific questions without knowing a lot more about your case. If you would like to make an appointment for a full consultation with our office, please call us at your convenience at (510) 433-1900.

**The above reply does not establish an attorney-client relationship.

Hi Sarah, quick question. Can I get married on August 2013 and submit my visa petition for F2A also on August 2013? Or should I get married before August?

Hi Pablo--Generally speaking, applicants are eligible to submit their petitions immediately after the marriage takes place. Whether this is a good idea depends on each couple's particular situation. So, in theory, one could marry in August then submit the visa petition the same month. Something to be aware of is that processing times can be several months, and there is no guarantee that F2A will remain current after August. The benefit of filing, however, even if F2A is no longer current in September, is that an applicant present in the U.S. can apply for and receive a work permit while the petition is pending.

**The above reply does not establish an attorney-client relationship.

Hi there, Well my wifes priority date is 11 sep 2011. And still she haven't got visa call. Could u plz tell me abt that.

hi, I got married to a US citizen 7 years ago and she and she petition me as a spouse of a US citizen my married was approved but the adjustment of status got denied currently i'm living her in the US> My entry here is a crewman, one thing that I don't understand is that the inspection, I have a copy of I-94 so it means the my entry here is legal and I arrive here August 14 2001

hi Sarah! here's my case. my LPR husband filed I-130 petition for me April 2013. His US Citizenship interview was scheduled today and most probably his Oath Taking will be scheduled next month. i want to know if it's still possible to apply I-485 in August? we're planning to upgrade my F2A visa petition after his oath taking and we will have to wait for the NOA2 for 2 more months i guess. i really need your advice. thank you so much!

hi, i've heared about the news, that they will be process the current date for F2A category on the month of august.. i called to a law office and asked if i can submit the i-130 form this month of july and would be able to process the papers on the month of august... and she said, YES and we'll be process on nxt month.. i submitted it already, is that true that even if i submitted it this month of july, my petition will process nxt month? thannks.

hi. i am an LPR and i got married last march 2013 and i didn't filed any F2A petition yet for my husband whose still in the Philippines. With the current visa bulletin starting in August.. can i file for my husband on august or do i need to file it asap? and how long would it takes (approx) for him to be given a visa?

Dear Jayant, Ferdie and Koinonia: Again, these are all very good questions. Unfortunately, the processing times vary for immigration, and I do not know how long the process will take. Sometimes it is a couple of months, other times it can be several months or even years. Also, immigration law is very complex, and it is not possible for us to answer your specific questions without knowing a lot more about your case. If you would like to make an appointment for a full consultation with our office, please call us at your convenience at (510) 433-1900. **The above reply does not establish an attorney-client relationship.

Hi Chem: Yes, eligible applicants can file the I-130 at any time. The actual visa application (I-485), however, cannot be filed until the individual's priority date is current.

**The above reply does not establish an attorney-client relationship.

Hi Erica: Eligible applicants should file their I-130 visa petition as soon as possible in order to get the earliest possible priority date, or place in line. Once the I-130 is approved and the priority date becomes current, foreign nationals who are abroad may begin the immigrant visa application process. If you have specific questions about your case, please feel free to make an appointment for a full consultation with our office at (510) 433-1900.

**The above reply does not establish an attorney-client relationship.

Quick question: I have all the files ready. Do I have to wait until August 1st to mail the I-130/I-485 ? I'm thinking about mailing it out on July 29th so they can get to USCIS by August 1st. Don't know if this is ok. Thanks for the help.

Hi Joe: USCIS will likely only accept the I-485 for an individual in F2A if his or her priority date is current on the date the I-485 arrives at USCIS. So, if the individual is not current this month (July 2013), then as long as the application arrives on (or after) August 1, 2013, it will be accepted. Remember, we do not know if F2A will continue to be current in September or beyond, so getting the applications filed in August is extremely important so that the applicant can at least receive a work permit (Form I-765 must be filed for the work permit) even if F2A is no longer current after August.

**The above reply does not establish an attorney-client relationship.

Hi Sarah: Thanks a lot for your reply. I'll prob mail out my I-130/I-485/I-765/I-131 on July 31st so that they can arrive at USCIS on or after August 1st. Right now I'm concerned how to pack the concurrent filing. I thought to put I-130 and related supporting materials in one big folder and all the I-485/I-765/I-131 related forms and supporting evidence in another big folder. And attach a checklists for each folder. Then mail out the two folders in one UPS envelope. Do you think this is a good idea? I don't think separate the I-765 and I-131 into two folders is helpful since they are highly related to the I-485 application. Instead, I-130 Petition can be assembled in a different folder. Because it's concurrent filing, all of them should be mailed out in one big envelope. Am I right about this? Thank you so much for you time and answer.

Hi,
We have an I-130 approved for my son with approval notice on I-797. My son is in the Philippines ,what form do we have to submit in order to avail the F2A this august 2013?

Thanks,
Cecille

Shalom! My husband is a green card holder, he's in the US and I'm in the Philippines, and he renewed his greencard just recently. He'll be getting his renewed ID on Aug 9. Should we wait for his ID to file the petition? And with the F2A being current, does it mean faster processing? Can I have my visa this year? I'm so excited and can't wait to see my husband for 10 long years! Thank you for your reply :)

Hello! I have a question and need your help, my priority date for F2A is 19th october 2012, i already have got my approved NOA2 in Feb 2013. Can i be scheduled for immigrant visa interview next month.

Hello everyone: I apologize but I am unable to answer your specific questions about what exactly to file and how it should be filed without knowing a lot more details about your case. If you would like to make an appointment for a full consultation with our office, please call us at your convenience at (510) 433-1900.

Regarding processing times, again the processing times vary for USCIS and the Department of State, and I do not know how long the process will take. Sometimes it is a couple of months, other times it can be several months or even years. Everything depends on the details of each individual case.

**The above reply does not establish an attorney-client relationship.

im lLPR through merriage can i file now for my 17 years old duagther is it same category of US citizen who will file petition.

I am a student in USA and hold a f1 visa. I already asked if green card holder's spouse can file I-130 and I-485 concurrently in August. Every lawyer says YES. However, my husband called USCIS to ask about I-485 part2 "Application Type" yesterday and the representative said people in f2a category CAN NOT file I-130 and I-485 concurrently in August. It was very weird.  He called them again and the answer was still "CAN NOT."  The first time he called USCIS about two weeks ago, and another representative said YES. Yesterday they changed the answer. Have you ever called USCIS and asked about the question? What's the answer? If I can, what is my application type in I-485 part 2? Thank you for answering my question. 

Hello Sarah,

I live in Puerto Rico and I got marriage in February 14, 2013. I have couple question, my husband is at Republic Dominic, he needs to put couple paper together and send it to me so I can proceed with the process to claim him, but now I found it this news law that I can submit these form and make a petition in Aug 2013 . How faster will be this process to have my husband with me at Puerto Rico?

I submitted an I 130 request in July, 2013 for my unmarried son under 21. Will he be in line for the August "current" availability or do I have to file again? very unclear. thanks.

Benjie: No, it is not the same category as it would be if you were a U.S. citizen, it is category F2A, which will be current starting tomorrow, August 1, 2013. I recommend you speak to an immigration attorney regarding your case.

Nancy: That is very strange. Under the law, eligible applicants should be able to file concurrently.

Amarilys: Unfortunately I would need to know a lot more about your situation in order to answer your question—you can call our office to make an appointment for a consultation at (510) 433-1900 if you're interested.

Virgilio: If you already filed the I-130, you do not need to file it again. However, you should speak to an attorney as soon as possible about whether your son may be eligible for adjustment of status (I-485), which is an application that should be filed in August, if he is eligible.

**The above reply does not establish an attorney-client relationship.

Hey Sarah,
Thanks for the info, very useful.I have been dating my fiancé for about 5 years now and have been thinking about getting married.She is a green card holder and I was wondering if I married here and Applied ( for the ead and advanced parole) while the f2a is current( I have heard this might be true for September too) will I have legal status for however long it would take me to get my green card? Does the current status, expedite the process?
Sorry for the long question but my f1 expires fairly soon and am starting to panic.
Thanks,
Raj

Hi Raj-- Typically, an individual on an F1 can marry a green card holder and apply to adjust status to that of a lawful permanent resident when the priority date is current, however depending on the details of the person's case it may or may not be a good idea, so you should definitely discuss your options with an attorney before moving forward. Regarding the expiration of the F1--the F1 will expire when it expires, applying for a green card will not extend F1 status. Again, having a full consultation with an attorney to discuss your options is a good idea, as the law is complex and case-specific.

**The above reply does not establish an attorney-client relationship.

I applied for my son who is 18 years old in 2012 and received a priority date of oct 12 2012. With F2A stutus being current can he apply for the visa or what do i need to do? should i called the consulate? please help. I am a permanant residence. Thank you

Hi Manny: You should speak to an immigration attorney ASAP to see if it is a good idea for him to apply for his visa now that F2A is current. You may call our office and make an appointment for a consultation if you'd like, at (510) 433-1900.

**The above reply does not establish an attorney-client relationship.

Hello Sarah! I need a favor, my priority date for F2A is oct 2012 and i have got my NOA2 on feb 2013. I also have submitted AOS and IV application fee and DS-230 and I-864 last month. Just want to know how long will it take to schedule an IV interview?

Waiting for your Kind Reply!

Hi just entered the US this August 1. Can I file my petition for my two year old daughter who was left in the Philippines NOW, eventhough I have not receive my green card yet?

Hello..this is very interesting news for me. I am on H1B with I-94 good thru sept 2014. last week i was laid off suddenly and effective date was date of termination. I am scheduled to marry my fiance, a PR holder in weeks time. this was preplanned. My question since i am out of status can my 'wife" fiile under F2A category and can i stay in the USA and get my work authorization?

Hi,

i am a permanent resident and married to a woman whose OPT will expire in November 2013. Should I apply for her F2a right now so that she can stay in the US after her OPT is done? I know F2a is current but the I-130 processing time is still 12-18 months away. I just want us to stay together until my eligibility for citizenship. Thanks.

am married to LPR, my i130 have been approval also i have my approval notice on I-797. i live in US with him. can i applica for my i485 the same time with my husband applica for citizenship.

I am a US citizen and married recently. She is in the US under F1 visa. I am filing her I-130 concurrent with I-485. She has a son that is 19 years old and is living in the Philippines. Can I file for I-130 for him too or does he has to wait until my wife gets her green card and she will then file for him?

Hi,

I want to know if priority date is still current for F2A? Where do I see revised visa bulletin for August? Thank you.

Hello, I am a F1 Student here in San Mateo, CA. I married to a Green card holder here in the US . My I 130 is already approved. I also received a letter from USCIS stating that I am not eligible to adjust my status in the us and the case was forwarded to NVC.
When NVC contacted me to pay for some visa fee, I called them and told them that I am already in the US as a F1 student and will be adjusting my status here in the US. They asked me to inform them in writing.

Now my question is, since F2A's priority date is current now, can I apply for AOS now?

Hello everyone,

Thanks for your questions. Again, this blog is written for the purpose of providing general information only, and is not legal advice. If you have specific questions about your case, we suggest you call our office to set up a consultation to speak to an attorney at (510) 433-1900. We do charge a modest consultation fee, but we will review your case with care and give you a thorough evaluation of your circumstances. We can set up either an in-person consultation or over the phone.

**The above reply does not establish an attorney-client relationship.

I hope is not too late to put my question here, I'm unmarried, my daughter and my girlfriend are dual citizen (Spanish/Filipino ), they staying in the Philippines right now, can I apply my daughter for F2A? and how about my girlfriend? they visit me sometimes here in US because of schengen visa, but my goal is to get them and stay here for good. Thank you

Hi .
I know this is about F2A ,but what about F2B ?
My Mom has green card , i'm 49 years old , not married , and i am in USA. and have TPS .
is it ok. if my mom applies i-130 for me after August ? or we should apply before September ?
I hope that you reply as soon as possible so i don't lose my opportunity to apply .
Thanks .

Hello Sarah, I've filed form I-130 for my husband on June 2012 and I received an approval notice on 08/11/2013 what should I do next?? Thanks.

hello everyone

my wife is green card holder live in USA. she petitioned for me in last year September 2012

Right now F2A category is current ,and we received message from USCIS that our file move And decision will let us know

We would like to know that how long will take ?

Thanks
Vishal Parikh

These are all very good questions, but unfortunately it is impossible to answer these case-specific questions without knowing more details about each case. We suggest you call our office to set up a consultation to speak to an attorney at (510) 433-1900. We do charge a modest consultation fee, but we will review your case with care and give you a thorough evaluation of your circumstances. We can set up either an in-person consultation or over the phone.

**The above reply does not establish an attorney-client relationship.

Hello Sarah,

I've read the entire blog and i would like to thank you for the useful information you have shared. I noticed that you mentioned that the processing of an I-30 form can take few months. Do you have an idea of the maximum wait time it could take before it gets approved.

You feedback is highly appreciated.

Regards,

Mancy

Hello Sarah,

I filed a petition for both my wife and my 3 yr old son, I already received 2nd NOA for my my son saying he was approved I inquired about my wife case w/ USCIS and the customer service said my wife's case is still pending and/or for review, I filed both petition at the same time and was expecting to have them both approved at the same time, can i stay the process for my son until my wife case was approved w/out paying another application fee. Is there a way to expedite my wife case bcoz i need them to be here same time. Thanks

Dear Sarah Jebrock, I'm a green card holder, I applied for my husband who lives overseas 11 months ago and based on extreme emergency, my request of expedition was approved and I got the I-130 approval on August/2/2013, Now that everybody is talking about the miracle of F2A being current for August and September VB of 2013 does this mean that NVC will process my husband's case and assigned a visa number for him as soon as they get all support documents? Do you have an estimate or time frame on how long would take for him to be here in the US safe and sound? Can you please let me know what's the benefit of this action for me?

Thank you so much for your help,
Sarah A.

Hi

I am filing my immigration petition in December. My fiance has a greencard. Will F2 category remain current til December??? or would my wait period increase???

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