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Case Stories
❌ EB-3 F2A Denied - Visa Bulletin Filing Date Dispute - PD 08/2023
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❌ **Case Status: Denied**
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A GC holder filed I-130 for their spouse with a priority date of 08/10/2023. The spouse filed I-485 concurrently in August 2023 based on the Date for Filing chart showing 'C/Current' for F2A. USCIS denied the I-485 claiming a visa was not available at time of filing, which the petitioner disputes based on the visa bulletin.
A concurrent I-485 filing was made in August 2023 for an F2A beneficiary (spouse of LPR) with a priority date of 08/10/2023. The filing relied on the Date for Filing chart in the August 2023 Visa Bulletin, which showed 'C/Current' for F2A. USCIS issued a denial notice citing that 'a visa was not available based on your established priority date and specific preference category' as of the filing date. The petitioner disputes this determination, noting the F2A category was current under the Date for Filing chart and that USCIS had authorized use of that chart for I-485 filings in August 2023. Options being considered include filing Form I-290B (Notice of Appeal or Motion) and/or refiling the I-485.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rpe03o/i485_denied_due_to_immigrant_visa_not_available/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights a critical distinction in I-485 filing eligibility: USCIS must expressly authorize use of the 'Dates for Filing' chart each month — it is not automatically usable. If USCIS designated only the 'Final Action Dates' chart for I-485 filings in August 2023 for F2A, filing under 'Dates for Filing' would be premature regardless of what that chart showed. Applicants in similar situations should verify the USCIS website announcement (not just the State Dept visa bulletin) for the specific month of filing to confirm which chart was authorized. If USCIS did authorize 'Dates for Filing' for F2A in August 2023, an I-290B motion to reopen/reconsider with documented evidence of the bulletin authorization is the appropriate remedy. Refiling may also be necessary if the motion window lapses. Cases with disputed filing eligibility based on visa bulletin chart selection have been successfully reopened when petitioners provide contemporaneous USCIS website evidence.