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Multiple I-130 in process

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I was hoping to get some clear advice on my situation which is as follows:

a. I have an a processed I-130 for F1 - UNMARRIED SONS AND DAUGHTERS OF U.S. CITIZENS just waiting for a visa number scheduled in 3 years.

b. I have now married a US citizen in the States and subsequently travelled back to the UK alone.

c. I am now in the states and was scheduled to go back in two weeks but have decided i really don’t want to leave my wife

Is it possible to file my I-130 along with an AOS and request a EAD card while in the states. Alternatively can i use the previous I-130 and just apply for an AOS through marriage?

Any advice would be most appreciated?

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I'm Ron Burgundy?

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

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technically you can file the AOS but as you already have an approved I-130 waiting for a visa, that may be enough to prove intent, I'm not sure.

I'm going to move your file to the AOS from tourist visas as that's what you want to do.

(organizer hat on)

~~moved to AOS from tourist, work, and student visas from IR1/CR1 process and procedures and OP wants to AOS~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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your spouse would have to file a new i130, different petitioner, a person can have more than one petition at the same time

and by the way, you aren't an F1 anymore, you are married, so now your category is F3 and you have to guide yourself on the priority dates of the f3 category and not F1, you are a married child of a USC, so you wait time is more than 3 years now

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