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carito123

I-130 for parents. What do they mean by...

By carito123 in Bringing Family Members of US Citizens to America

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carito123 Explorer

carito123   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
Posted

Does this mean if they are here on a tourist visa, they can apply from here to adjust their status? I'd appreciate the help!

After Filing Your Petition

You will be notified by USCIS if your Form I-130 petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing.

If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130. For additional information on how to file this application, see the “How Do I Customer Guides”.

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KierenHby Experienced

KierenHby   897

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Filed: IR-1/CR-1 Visa Timeline
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Only if they're visiting the US and circumstances change after they entered the US, then yes, they may be petitioned to adjust in the US.

But entering the US on a B2 with the pre-conceived intent to change status (that is you talk about it before they come visit) can be viewed as visa fraud.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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carito123 Explorer

carito123   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
  • Author
Posted

Only if they're visiting the US and circumstances change after they entered the US, then yes, they may be petitioned to adjust in the US.

But entering the US on a B2 with the pre-conceived intent to change status (that is you talk about it before they come visit) can be viewed as visa fraud.

awesome, thank you!

I just didn't quite understand what they meant by that.

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
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Posted

Chile is a VWP country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I assume they are visiting having entered on the VWP not a B2?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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carito123 Explorer

carito123   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
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Posted

I assume they are visiting having entered on the VWP not a B2?

yes, they don't have any trips planned since they came to visit in June. I was just wondering what they meant by paragraph I highlighted but I read about it and it says that people on the VWP cannot adjust their status in the US. So as long they come visit again before the I-130 is approved we are all good.

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Then none of this matters, they will processing at the local consulate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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