Has anyone applied for there I-130 while on a visitor visa and stayed in the US until approved

[usernameisdiff 0]

Has anyone on here actually applied for a I-130 while they came in the US on a visitor visa then stayed and changed status(what form do you use), then applied for A travel permit(I-131) to go back and forth waiting for the approval process, this seems to be a rare circumstance hope someone can help me thanks

[Inky 1,110]

Not a K-3 question moving to adjustment of status section.

[Harpa Timsah 13,258]

Where is the beneficiary now?

[NancyNguyen 1,657]

I-131 goes with I-485 not I-130

[usernameisdiff 0]

I-131 goes with I-485 not I-130

your reponse shows you sent in the I130 and I485(what box do I tick off on form for reason) at the same time, when do I send in the I131 at the same time in order to travel back and forth I was told I have to this in order to leave the USA so my application isnt abandoned

[NancyNguyen 1,657]

Sorry but I don't understand you, did you send I-485? Or just I-130? If you only sent the I-130, you can't submit I-131 because it is only when you are adjusting of your status.

[Harpa Timsah 13,258]

From the OP's other posts, it is a couple who has been married a few years and the foreign part is Canadian and travels back and forth. FIrst of all, it is illegal to enter the US on a non-immigrant visa with the intent to immigrate. Secondly, AOSing in the US is not a good idea for you, because you will have months at the least where you will not be able to travel (I-131 takes months to approve). You have been advised to file for an IR-1 spousal visa, and you can continue to visit in the meantime. I think that is good advice.

[usernameisdiff 0]

From the OP's other posts, it is a couple who has been married a few years and the foreign part is Canadian and travels back and forth. FIrst of all, it is illegal to enter the US on a non-immigrant visa with the intent to immigrate. Secondly, AOSing in the US is not a good idea for you, because you will have months at the least where you will not be able to travel (I-131 takes months to approve). You have been advised to file for an IR-1 spousal visa, and you can continue to visit in the meantime. I think that is good advice.

I was told that I could expedite the I-131 this based on the fact that I need to get back for my business and children in Canada, there are many married people that have started the process while on a tourist visa apparently they dont like it but never turn it down, it seems to be the easist way through this process I'm told thanks for your info

[ceadsearc 515]

You can request an expedite for the I-131. They are frequently denied if it is a non-emergency situation. You can try, though. I am unclear if you are already in American and have already filed.

If you are not already in America, you cannot come and adjust status. That is intent and it is fraud. People who adjust on tourist visas are people who came without intent and their situation changed. Doing anything else is illegal.

Assuming you are already here and came without intent, you should file the I-131 with the I-485 and I-130. If you already filed the I-130 and I-485 and didn't file the I-131, you can include the NOA1 from your I-485 and file for free now. Keep in mind that even with an expedite (if approved) you'll have some waiting period, because you need to file it and get your NOA1 (could take a week, could take a month) before you can call or make an Infopass and request an expedite.