I-130 approved

[psimeson 0]

Hi,

I have been living in the US for last 7 years. I still have about 4 years of valid F1 visa. My I-130 got approved. What does that mean? What should be my next step? Do I have wait for NVC letter or should just go ahead and fill I-485?

"On November 9, 2015, we approved your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan,.."

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Inquiry about adjusting from student visa~

Edited November 26, 2015 by Pitaya

[Elf 146]

Hi,

I have been living in the US for last 7 years. I still have about 4 years of valid F1 visa. My I-130 got approved. What does that mean? What should be my next step? Do I have wait for NVC letter or should just go ahead and fill I-485?

"On November 9, 2015, we approved your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan,.."

So just to clarify, you're in the US on an F1 student visa, with a valid I-20? And you'd be filing for AOS in the F-1 category, unmarried son or daughter of a USC? We can offer much better advice if we have more information, so it would help everyone if you'd

[psimeson 0]

Yes, I am in the US on an F1 visa (with valid I-20), which is valid for 4 more years. What is AOS? My brother(who is a USC) filed my I-130 about 7 months ago and it got approved. I don't know what to do next. Since I am already in the US, I think I should go ahead and file I-485 but the I-130 letter says to wait to hear from NVC.

[Hypnos 6,579]

Since you're not an immediate relative of a US citizen then you would need your priority date to be current before you are able to file for adjustment of status.

Assuming you aren't from Mexico or the Philippines then you would have to wait another ~11 years before you could file an I-485.

Edited November 28, 2015 by Hypnos

[psimeson 0]

Is there anyway to decrease that length of time?

[Elf 146]

Is there anyway to decrease that length of time?

No, unfortunately there isn't. There are a limited number of visas available for the family-based preference categories each year, and the number of applicants always exceeds the number of visas available so there's a long wait, especially for the F4 category that you're in (brothers and sisters of US citizens).

Visa numbers are issued in chronological order of when the I-130 petition was filed - this is your "priority date". According to the upcoming December 2015 visa bulletin, visa numbers will be available in December 2015 for people in the F4 category whose priority date is earlier than 22 March 2003, i.e. people whose I-130 was filed 12.5 years ago. People from a few countries with extremely high levels of immigration to the US have to wait even longer; visa numbers will be available this month for people from the Philippines in the F4 category whose priority date is earlier than 1 July 1992, so they will have had a 23 year wait.

There's no way to give you a completely accurate estimate of when your priority date will become current, all you an do is look at how long the wait times are currently and whether recent trends have been for the wait to increase or decrease, and make a rough guess based on that.

[psimeson 0]

Few more info: My mom and dad have green card and my brother was in the US army. Does that help in anyway to decrease the number of years?

[Hypnos 6,579]

Yes.

Have one of your parents file a new I-130 for you under the F2B family preference. You would then be able to file an I-485 in approximately five years, as opposed to the 11 years you will wait under your brother's I-130.

You would need to remain unmarried to maintain eligibility.

Edited November 28, 2015 by Hypnos

[psimeson 0]

Do I have to pay for that i-130 again? Can I withdraw that approved I-130 to get the money back ?

[Hypnos 6,579]

- Yes.

- No.

[psimeson 0]

Even though my parents have green card they don't live in the US. They come here once in awhile. Can I still use my parents status to file for the green card?

[aleful 1,905]

hi

yes, but they are probably in danger of having their GC taken away

the GC is for living in the US

paying their taxes, having ties to the US, working, living here

if they don't live here, then there is no base of reunification

they should return to the US and live here, for family reunification and to keep their GC

[Hypnos 6,579]

A green card is for someone who wishes to live in the US. If they aren't living in the US then they aren't entitled to a green card. Depending on the circumstances they may already have abandoned their LPR statuses.

[psimeson 0]

They got their GC couple of years ago.They have job back home and they are trying to manage stuffs back home so that they can come here. They have valid statuses and valid GC. So, can I use their status to apply for my GC?