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Firas11

B1/B2 Visa, length of stay and i130 petition.

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I filed an i130 petition for my wife in February this year and it is still pending approval. My wife is currently in the US on a B1/B2 visa, will she be able to stay permanently? If not, how long does she have to be in her home country before she can come back?

How can I find out all of this?

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File for AOS and she can stay.


21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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1) She must not have entered with intent to stay.

2) She must maintain legal status until the Priority Date (PD) becomes current. Note that the PD usually becomes current after I-130 approval. For a spouse (F2A) it's taking about 2 years or so from I-130 filing.

 

So no, she won't be able to stay.

There is no fixed period that she has to be abroad before she can visit again. A general rule of thumb is to spend more time outside the US than in it. Twice as much is preferred.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Jo Së said:

File for AOS and she can stay.

This is posted in the bringing family members of LPR forum. Unless the OP is actually a USC, that's not going to be possible.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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9 minutes ago, Firas11 said:

I filed an i130 petition for my wife in February this year and it is still pending approval. My wife is currently in the US on a B1/B2 visa, will she be able to stay permanently? If not, how long does she have to be in her home country before she can come back?

How can I find out all of this?

She will not be able to stay. She will have to return home before here allotted time expired. She has to have her interview in her home country. Don’t have her jeopardize her immigration.

 

 

 

7 minutes ago, Jo Së said:

File for AOS and she can stay.

Only US citizens can do this. The OP does not have this option.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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14 minutes ago, Firas11 said:

I filed an i130 petition for my wife in February this year and it is still pending approval. My wife is currently in the US on a B1/B2 visa, will she be able to stay permanently? If not, how long does she have to be in her home country before she can come back?

How can I find out all of this?

Main question: are you a US citizen or green card holder?

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6 minutes ago, Jo Së said:

Are you sure about that?

Yes. The PD must be current to file for AOS. As an LPR, the PD is not current for ~2 years for a spouse. As a USC, the PD is current immediately upon filing, hence why a USC can file for AOS right away.

 

3 minutes ago, Jo Së said:

I should have been more specific, they can file for AOS and she can stay for as long as she maintains legal status, however I doubt that she will have a legal status for as long as it takes to get her visa, since she is only here on a visitor visa.

She cannot file for AOS. It will be denied without a current PD.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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~~25 posts have been removed. Derailing the thread arguing about posting inaccurate information even after being corrected multiple times. Plus more posts removed for completely derailing this thread and others were just not appropriate.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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