Multiple I-130 in process

[Jimbo2010 0]

Hello,

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?

[Hypnos 6,576]

I'm Ron Burgundy?

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

Edited September 20, 2014 by Hypnos

[Jimbo2010 0]

Hi Ron,

Many thanks. Do you have anything specific on my I-130 situation......

[NikLR 13,220]

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~~

[aleful 1,905]

hi

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