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manan_patel

I-130 Submitted for Adjustement of Status

By manan_patel in Bringing Family Members of US Citizens to America

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manan_patel Rookie

manan_patel   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Hello members,

I am USA citizen and my dad visited us on a tourist visa of 6 months. I'd went ahead and applied I-130 as part of Adjustment of status. I did it without doing I-485 altogether since we are lacking some documents at the time. Please notes that they receieved case on Dec 17 2015.

Now my dad's visitor stay is going to be expire on feb 25 so i am not sure whether he can stay in the states while I-130 is pending.

If he leaved for india and planned to come back to usa after couple months, do we expect any issue while entering into USA considering I-130 is approved during that time?

your feedback here is appreciated .Thanks everyone who could share some thoughts.

Thanks,

MP

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Your dad can only stay in the US if his I-485 was pending.

You can submit an I-485 along with a copy of the I-130 receipt notice now. He'll be able to stay in the US only with a pending I-485.

If you can't submit it, he'll need to leave the US by the date on his I-94 (is that the Feb 25 date?)

If your I-130 is approved while he is in India then you can continue with consular processing and he will receive an immigrant visa through which he can come to the US.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You didn't apply for adjustment of status, since you only submitted an I-130 and not an I-485 along with it.

He does not have permission to remain past his I-94 expiry date solely by virtue of the filed I-130.

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status would constitute visa fraud, which is a federal crime, and discussion of which is not permitted on these forums.

You should either file his I-485 (together with I-765 for an EAD and an I-131 for AP) immediately and he delays his travel until his AP is received, or change plans and instead have him seek an immigrant visa.

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

 

AoS

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

 

Naturalisation

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

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Fam.-based AOS to Bringing Fam. Meme.USC to America Forum~

~AOS not filed.~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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