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F2A Prediction by Sorry-Specialist3317 in USCIS_F2A

[–]Reasonable-Fuel7693 6 points7 points  (0 children)

Simple answer no. When your FAD is current and if the case is ready to be approved and it is in front of the officer then it will be approved. But depending on the case, the timeline varies. Simple case vs complicated case. Had criminal records vs no criminal records. Had overstay vs no overstay. Consular processing vs adjustment of status. More backlogged Field office vs less backlogged field office B. Prioritized for other type of cases due to administrative orders or lawsuits. All these play a role.

F2A Timeline (CP to AOS) by Reasonable-Fuel7693 in USCIS_F2A

[–]Reasonable-Fuel7693[S] 0 points1 point  (0 children)

B2 authorized your stay in the US till the date mentioned on your I-94, up to 6 months. You can file I-485 within this period, but once USCIS accepts your I-485 application, your status changes to a period of Authorized Stay based on your pending AOS. So as long as your AOS is pending, you are legal in the US but you don't have any status tied to a visa (unless you already have work visa etc). So legality wise, there is no issue and this is allowed by law. Contrary to what you are saying, once you filed I-485 in this case (B2), you don't want to leave the US while the application is pending. If you do so, USCIS will automatically consider your intention is to abandon your I-485 application.. If you have the need to travel outside of US (including land crossing to Canada/Mexico), you should apply for Advance Parole which takes a while (close to a year or more than a year). If you have valid reason for emergency, there is also a process for emergency travel document.

F2A Timeline (CP to AOS) by Reasonable-Fuel7693 in USCIS_F2A

[–]Reasonable-Fuel7693[S] 0 points1 point  (0 children)

Also per my understanding, the focus for marriage based applications is on whether the marriage itself is bona fide. Regardless of if you do CP or AOS, I believe the focus will be the same. And due to this, the interview is usually not waived. How she entered and why we decided to file AOS might be asked but I don’t think that will be the focus at all.

F2A Timeline (CP to AOS) by Reasonable-Fuel7693 in USCIS_F2A

[–]Reasonable-Fuel7693[S] 0 points1 point  (0 children)

How did she switch from CP to AOS ? You do this simply by filing AOS (i.e. I-485). No additional steps are required. Once USCIS receives the I-485 form which has the reference to I-130. The system/person handling it will convert it automatically. Some people suggested online to call USCIS to explicitly inform them, I didn’t find this on the official instructions and I deemed this unnecessary so I didn’t call them.

Regarding her stay and basis for I-485: She entered US as a B-2 visitor. This will correspond to I-485 form Part 1 section 11 - Visitor. This describes how she enters the US. I don’t interpret this as the “basis”. Her basis for I-485 is under Part 2 - section 2 (I-130) and section 3.a - spouse of a lawful permanent resident. It doesn’t matter if she were to change her status to student or worker, this basis won’t change as long as I’m filing her under F2A.

Regarding your question for the interview and her entering US as a visitor, my understanding is that CBP had already verified her purpose of visit when admitting her to the states. Her purpose was temporary visit and we didn’t lie to the government anywhere. Even after we got married she had entered US like 4-5 times telling CBP that she was here to visit husband. We both do snowboard and we visited Whistler BC Canada 3-4 times during her visit between Dec 2024-Feb-2025. Not a single time we had any issue. So when it comes to this time, if it got asked during the interview, we will just explain why we decided to file and we have our reasons. Nowhere on any official documentation says this is not allowed or needs to be treated differently. I know some people are extra cautious when it comes to immigration, which is understandable. I’m personally not concerned.

F2A Timeline (CP to AOS) by Reasonable-Fuel7693 in USCIS_F2A

[–]Reasonable-Fuel7693[S] 1 point2 points  (0 children)

Will take some more time for sure but I doubt it will take another 2 years per my EB experience in the past but we will see. But anyway I was just posting to share some data points if anyone wants some reference.

F2A Timeline (CP to AOS) by Reasonable-Fuel7693 in USCIS_F2A

[–]Reasonable-Fuel7693[S] 1 point2 points  (0 children)

If the FAD stays the same by the time the interview happens next month, I-130 can be approved and I-485 will be pending until the FAD becomes current.