F2B - Where!!!

[beckvut 0]

Hi all,

Would really appreciate your answers.

My mother, a LPR, filed an I-130 form F2B type for me in Apr. 2009. I was on student F1 visa. The case was approved. The i 797- Notice of Action says " The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status..."

After Optional Practical Training, I went back home in 2011.

Questions:

1. I will need to file form I-824 if I decide to apply for the immigrant visa in my country at a Consulate. Does this delay the whole process?

2. Which one is more complicated and takes more time to complete, applying for adjustment of status in the US or applying for a visa in my country?

3. Can I apply for adjustment of status when I travel to US with tourism visa and when my visa number is available?

4. What would you do, recommend if you were in this case?

Thanks a lot.

Regards,

BV

[beckvut 0]

Can anyone read and advise?

[milimelo 4,500]

You can't adjust status - you're outside the U.S. Using tourist visa for immigration purposes is visa fraud.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

[aleful 1,905]

hi

When your mom put on question 22 of the i130 where would you have your interview, did she mark that you would have your interview at the US Consulate in Vietnam?

the wait of that petition is over 7 years, so you would have complete your studies way before your priority date became current. if not, then now your mom will have to send the i824 to transfer the i130 to the nvc so you can have your interview in Vietnam

you don't qualify for adjustment of status In the US, if you had kept on studying in the US for more years, then yes, since you are legally studying and living in the US without being illegally in the country

[beckvut 0]

Thanks all,

Not sure I get KayDeeCee's point.

Hi aleful, My mother didnt mark on that box. So we will need to file I-824.

Can I file the form or my mother has to? Will it prolong the processing time a lot?

BV