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file130 parents/ dad visiting

By limema2018 in Bringing Family Members of US Citizens to America

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limema2018 Rookie

limema2018   0

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good afternoon:

 

i have a situation i need a guide, so I filed I-130 for my mom and dad on October 2019, as today I haven't receive anything beside the paper saying that they receive the documents and working on my cases; my dad came to visit me (he has a tourist visa) on January 2020 and he still here with me, he has a return ticket on may 23 but we just got a call from american airlines and inform us that the ticket is cancelled because the airport in Colombia still close due to the COVID 19, ok so my concern is that as a tourist visa he is allow to be here six months which that will be july 23/2020, We dont want hi to overstay so my question is what is the best way to handle this knowing that we have a case open with uscis (I-130),  should be apply for I-539 visa Extension or should I apply for I-485 adjustment of status? please i need some help and thank you.

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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1 minute ago, limema2018 said:

should be apply for I-539 visa Extension

You can but it is rarely successful and you are late to file.

2 minutes ago, limema2018 said:

should I apply for I-485 adjustment of status?

Can-t do that - his I-130 hasn't been approved.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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9 minutes ago, limema2018 said:

Extension or should I apply for I-485 adjustment of status? please i need some help and thank you.

Filing for AOS (i485) is the good idea in this situation. Include the copy of i130 NOA1 in the AOS package. Don’t forget to include other optional and mandatory forms as well.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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limema2018 Rookie

limema2018   0

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Just now, Paul & Mary said:

You can but it is rarely successful and you are late to file.

Can-t do that - his I-130 hasn't been approved.

I  dont thing its late its says file 45 days prior the 6 months which is july 23/2020... talking about applying for extension, why do you think is late maybe i am missing info? ty so much 

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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29 minutes ago, limema2018 said:

 so can I apply I-485 even the I-130 has not been approved? ty 

Yes - apply for the I-485 - he just can't go back until he has ap or green card.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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SusieQQQ Grand Master

SusieQQQ   11,585

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Filed: Citizen (apr) Timeline
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8 minutes ago, Paul & Mary said:

Yes - apply for the I-485 - he just can't go back until he has ap or green card.

Yes, you need to understand the restrictions on him if you file i485 now.

 

On the other hand it is perfectly possible that flights will resume before his B visa stay expires.

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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52 minutes ago, Paul & Mary said:

Can-t do that - his I-130 hasn't been approved.

It's not required to be approved...the PD is current so concurrent filing is permitted.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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Bzegurl Enthusiast

Bzegurl   41

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Filed: IR-1/CR-1 Visa Country: Belize
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4 hours ago, limema2018 said:

good afternoon:

 

i have a situation i need a guide, so I filed I-130 for my mom and dad on October 2019, as today I haven't receive anything beside the paper saying that they receive the documents and working on my cases; my dad came to visit me (he has a tourist visa) on January 2020 and he still here with me, he has a return ticket on may 23 but we just got a call from american airlines and inform us that the ticket is cancelled because the airport in Colombia still close due to the COVID 19, ok so my concern is that as a tourist visa he is allow to be here six months which that will be july 23/2020, We dont want hi to overstay so my question is what is the best way to handle this knowing that we have a case open with uscis (I-130),  should be apply for I-539 visa Extension or should I apply for I-485 adjustment of status? please i need some help and thank you.

I don't think you can do anything right now. His visa stay is still valid so they prob won't give him an extension and his I130  is not approved as yet. Best to wait maybe as a previous person says they might open up airports by then . If not then you can process. 

(L) (L) (F) (F) Some peoples journey to love is harder than others, but when they reach their destination its definitely, definitely worth preserving. (F) (F) (L) (L)

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)
4 hours ago, Paul & Mary said:

 

Can-t do that - his I-130 hasn't been approved.

That is wrong. With the I-130 filed they can now adjust his status. 

 

You seem to have corrected yourself  after.... 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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EireneFaith Enthusiast

EireneFaith   54

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Filed: Citizen (apr) Country: Philippines
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21 hours ago, limema2018 said:

 so can I apply I-485 even the I-130 has not been approved? ty 

The I-130 is not yet approved so there's no reason to adjust his status.

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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14 minutes ago, EireneFaith said:

The I-130 is not yet approved so there's no reason to adjust his status.

Incorrect. Concurrent filing is permitted so long as the PD is current. For an IR category, it is always current.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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HRQX Veteran

HRQX   4,145

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22 hours ago, limema2018 said:

or should I apply for I-485 adjustment of status?

That is a valid option because the PD is always current for Immediate Relatives. Include a copy of the I-130 receipt notice, I-864 with supporting documents, I-944 with supporting documents, etc. with the I-485. I-765 and I-131 are optional but highly recommended; they are also free to file.

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