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jklein

Visiting U.S. while I-130 is pending

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My wife has a tourist visa and is coming to the U.S. I know she can come to the U.S. to visit and must leave within 180 days. My question is, what if the file opens up early? Essentially at what point must she leave before the 180 days, is it when we get notified of an interview?

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If you and she can complete the IV paperwork in the US (meaning she'll have to bring out the relevant copies of documents before she leaves for the US) then theoretically she could remain in the US until her medical date ( which must be done before the interview but to get one you need your case number).

The tricky thing is buying a return ticket for her home country and gambling that the interview date that's assigned isn't whilst she's still in the US - unless you or she have no problems with the expense of changing her return ticket or trying to change the interview date (again, gambling that you could do it without encountering problems)


08/08/2014 - Married
25/08/2014 - I-130 received by USCIS
27/08/2014 - Emailed (NOA1) received
28/08/2014 - Check for I-130 cashed
05/09/2014 - Mailed I-797c Received (NOA1)
18/02/2015 - USCIS case status shows 'I-130 Approved'
21/02/2015 - Mailed I-797 Received (NOA2)
26/02/2015 - USCIS case status shows 'Documents shipped to NVC (DoS)'
07/03/2015 - Case# and IID# assigned
14/03/2015 - Receive welcome package from NVC with Case# and IID#, submit DS-261 and paid AOS fee :)
17/03/2015 - Received email of DS-261 confirmation
17/03/2015 - AOS fee processed
19/03/2015 - NVC site shows AOS fee processed
24/04/2015 - Email from NVC, 'Choice of agent' form (DS-261) accepted
27/04/2015 - IV fee showing as available to pay on CEAC site and paid

10/05/2015 - DS-260 submitted

15/07/2015 - AOS and IV documents mailed to NVC

22/07/2015 - Email from NVC confirming document receipt on 17th July (Scan date?) and advising of 30 day period until case is reviewed.

05/08/2015 - Case complete

12/08/2015 - Email from NVC advising that an interview will be scheduled

26/08/2015 - P4 email from NVC, interview scheduled for 30th September

04/09/2015 - CEAC visa status changed to showing as 'In Transit'

10/09/2015 - Medical attended

11/09/2015 - CEAC visa status changed to 'Ready'

30/09/2015 - Interview, Visa Approved :dancing:

02/10/2015 - CEAC visa status changed to 'Issued'

06/10/2015 - Collected passport from courier and, later, paid $165 Green card processing fee

28/10/2015 - POE

09/11/2015 - SSN card arrives in mail

01/12/2015 - One nice shiny Green Card arrives in the mail :dancing:

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I don't mind changing the plane ticket, although, I prefer not to. What's the likelihood that the interview would happen within 180 days? For your reference, I just got my case number yesterday.

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