AOS related questions- Hi Belle/ Experts/ murthy firm

[GCturbulance]

Hi Belle/Experts,

My priority date is March 2009 (F2A, LPR spouse).

We filed our family based AOS in September 2010 when PD was current (PD: March 2009).

We had our biometric and interview in November 2010 and it all went fine.

I have my EAD and AP now.

I have called customer service at least 3-4 times and the last time I spoke to them,they thought it was out of processing time and they wrote up a service request without me requesting one and I got a letter from USCIS saying that your file is with the adjudicator and give it 120-180 days, but they never mentioned about PD not being current for F2A category as the reason for the delay. I am pretty sure that's whats holding up.

1)Do I need to go for infopass? or just wait?

2) My spouse has filed for citizenship and we got the receipt.

Once my spouse gets the citizenship, can we upgrade my existing pending AOS to spouse of citizen? (We have been married for 4 years)

a -Is it automatic or we need to mail the copy of citizenship certificate once we get it?

b -If I get the GC after upgrading the existing AOS, Will I be eligible to file for citizenship in 3 years or 5 years?

3) We are planning to visit family in India.

I will be using my AP for the first time.

Will it be safe?

Do I need transit visa through Frankfurt or Amsterdam?

Any experiences/advice would help.

(My history- Been in the US for past 12yrs on H1B. Never been out of status.I had my previous AOS/I485 denied which was employment based.Reason-unapproved I-140 withdrawn due to lay off.

Last entry was on H1B, then COS to F1 before it expired and F1 will expire in August 2011. I will not be renewing it as suggested by ISO office.I have only two semester to finish my MBA.)

Thanks and appreciate any feed backs.

[GCturbulance]

Hi experts,

Below is the reply that I got from USCIS when a service request was written up a month back. My F2A -PD is march 2009 and we filed our AOS in September 2010- when PD was current, had our interview in November 2010.

What does this reply mean? Are we waiting 120-180 days for visa number? No RFE's yet? So is there a issue? Please help, do we need to get infopass soon?

Service request reply-

"We have researched your request and apologize for any inconvenience this may have caused you. The processing of your case is currently under active review at the field office. a check of our records indicate that your case is pending a decision by an adjudicator. If you do not receive a decision or other notice of action from us within 120 to 180 days of this letter, please visit our website to schedule an infopass appointment."

[GCturbulance]

I forgot to mention that Service request reply was sent to us in March 2011 first week.

[GCturbulance]

I am scheduled to travel next month on AP via Newark.

Do you guys think I should be worry about this pending AOS and travel?

History-I changed my status from H1 to F1 while in the US and haven't traveled after that, but have the attached I-94 with the I-20 approval, but no visa stamp.

[GCturbulance]

Hi Belle/ Experts,

I have a pending AOS with priority date March 2009. We got interviewed and received EAD and AP.

AOS is pending due to visa number unavailability.

Spouse will be taking oath for citizenship next week.

How can we upgrade our pending AOS/I-485 from F2A category to IR?

Will upgrading F2A to IR help in future-like, will it make me eligible to file for Naturalization in 3yrs?

Any experiences?

Thanks

[Belle]

"How can we upgrade our pending AOS/I-485 from F2A category to IR?"

I don't know the exact answer, but my understanding is that you should contact the USCIS and provide proof of her citizenship. I don't think it would make sense to just mail, so take an InfoPass or call the 1-800 number.

"Will upgrading F2A to IR help in future-like, will it make me eligible to file for Naturalization in 3yrs?"

Upgrading itself does not impact it. My understanding is that you should be an LPR and a spouse of a citizen for three years to apply for naturlalization, but the category in which you got your green card should not matter.