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Possumkat

Can I be in the US when the I-130 is filed? (not adjusting status)

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Hi everyone! I have a question, your input would be greatly appreciated. I came to the US to visit my husband and help him put together our application (he is reeeally bad with bureaucracy) I have permission to stay here until November, and I completely intend to leave within the legal time frame; but I wanted to know is it possible to send the application while I'm still here?

I don't think I can apply for adjustment of status because I'm here with a B2 visa, we were already married when I entered the country and we were already planning on applying for a green card. I don't want to commit fraud, I just want to spend more time with my husband while we wait for the application to get approved. (He lives in a rural intentional community, he would lose his membership if he leaves for too much time and he already spent 5 months away while visiting me in Mexico)

I just bought a house in Mexico and already have my return ticket, I don't know if that would help for anything.

Thank you all!!

 

 

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Posted (edited)
2 minutes ago, Possumkat said:

Hi everyone! I have a question, your input would be greatly appreciated. I came to the US to visit my husband and help him put together our application (he is reeeally bad with bureaucracy) I have permission to stay here until November, and I completely intend to leave within the legal time frame; but I wanted to know is it possible to send the application while I'm still here?

I don't think I can apply for adjustment of status because I'm here with a B2 visa, we were already married when I entered the country and we were already planning on applying for a green card. I don't want to commit fraud, I just want to spend more time with my husband while we wait for the application to get approved. (He lives in a rural intentional community, he would lose his membership if he leaves for too much time and he already spent 5 months away while visiting me in Mexico)

I just bought a house in Mexico and already have my return ticket, I don't know if that would help for anything.

Thank you all!!

 

 

 

If you entered with just intent to visit but want to adjust status you actually can from your B2. Intent is decided upon entry so, you're actually okay if you wanted to again.

 

Otherwise you can file the CR-1 visa (I-130) paperwork while you're in country, no issues.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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3 minutes ago, Possumkat said:

but I wanted to know is it possible to send the application while I'm still here?

Yes........but as @Ben&Zian stated, you can legally adjust if you are here now......However, the AOS process is not a piece of cake for everyone. 


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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2 minutes ago, missileman said:

Yes........but as @Ben&Zian stated, you can legally adjust if you are here now......However, the AOS process is not a piece of cake for everyone. 

I know, I read about it today but I still don't know if I could do it... When I crossed the border I wasn't intending on staying during this trip, but I was already planning on applying for the consular processing.

I don't want to get accused of fraud and be banned from coming back forever 😕

Thanks for your response by the way!

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Just now, Possumkat said:

I know, I read about it today but I still don't know if I could do it... When I crossed the border I wasn't intending on staying during this trip, but I was already planning on applying for the consular processing.

I don't want to get accused of fraud and be banned from coming back forever 😕

Thanks for your response by the way!

You won' be banned.  Adjusting status is perfectly legal in your situation.  I think the practicality of adjusting is the relevant question.  Adjusting means no leaving and re-entering the US or working for 4-6 months (maybe longer)...........no green card for, probably, many more months............ 


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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You could adjust status if you really want to but I doubt you do.  Once you file to adjust status, you are no longer free to travel to and from the US.  (enter the US using your visa) for about six months.  

 

That said, you husband can file while you are still here.  Caution, that you are very clear on the petition that you will apply for a visa in Cuidad Juarez.  When asked where you will adjust status, enter "NOT APPLICABLE" then in the next section indicate Juarez.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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On 6/3/2019 at 7:21 PM, pushbrk said:

You could adjust status if you really want to but I doubt you do.  Once you file to adjust status, you are no longer free to travel to and from the US.  (enter the US using your visa) for about six months.  

 

That said, you husband can file while you are still here.  Caution, that you are very clear on the petition that you will apply for a visa in Cuidad Juarez.  When asked where you will adjust status, enter "NOT APPLICABLE" then in the next section indicate Juarez.

I would love to adjust status and not have to leave my husband, even if I can't travel. I just didn't think it was possible when I came in to the country because I read about the 90-day rule... Plus I was already married and planning on applying for a green card. So you don't think that will be a problem?

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7 hours ago, Possumkat said:

I would love to adjust status and not have to leave my husband, even if I can't travel. I just didn't think it was possible when I came in to the country because I read about the 90-day rule... Plus I was already married and planning on applying for a green card. So you don't think that will be a problem?

You were married and planning apply for an immigrant visa once your husband's petition for you was approved.  Adjusting status IS how one "applies for a green card".  I would take the 90 day rule seriously, if I were in your shoes.

 


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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