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Sibling f4 AOS on b2 visa

By Certified in Adjustment of Status from Work, Student, & Tourist Visas

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Certified Rookie

Certified   0

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I have a current i-130 petition that is DQ at the nvc stage under the f4 sibling category. I have been in the US now for about 2 months on my b2 tourist visa. 

 

I recently found out that it may be possible to stay here with my family and do adjustment of status instead of consular processing. 

 

Would aos be a possible option for me? & what will happen if it is pending and my i-94 expires before approval?

 

If anyone has done anything similar I would love the know what it was like, if I even is possible. Thank you!

SalishSea Grand Master

SalishSea   18,237

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Filed: Lift. Cond. (apr) Country: New Zealand
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18 minutes ago, Certified said:

I have a current i-130 petition that is DQ at the nvc stage under the f4 sibling category. I have been in the US now for about 2 months on my b2 tourist visa. 

 

I recently found out that it may be possible to stay here with my family and do adjustment of status instead of consular processing. 

 

Would aos be a possible option for me? & what will happen if it is pending and my i-94 expires before approval?

 

If anyone has done anything similar I would love the know what it was like, if I even is possible. Thank you!

No, I don't believe you can until there is a visa available.

SteveInBostonI130 Experienced

SteveInBostonI130   3,489

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Filed: IR-1/CR-1 Visa Country: Ukraine
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You cannot adjust status if your F4 is not current.   This depends on your country.  For most countries, the I-130 PD has to be Sept 2006 or earlier (that is, your sibling would had to have filed on or before Sep 2006).  For India it's March 2005, Philippines Jan 2002,  Mexico June 1998.

 

 

Certified Rookie

Certified   0

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6 minutes ago, SteveInBostonI130 said:

You cannot adjust status if your F4 is not current.   This depends on your country.  For most countries, the I-130 PD has to be Sept 2006 or earlier (that is, your sibling would had to have filed on or before Sep 2006).  For India it's March 2005, Philippines Jan 2002,  Mexico June 1998.

 

 

The i-130 has a pd of May 2005. It has been current since 2018. The nvc paperwork has already been completed, ds260, police certificate, payments etc and all have been documentarily qualified since April of this year. 

SalishSea Grand Master

SalishSea   18,237

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 minute ago, Certified said:

The i-130 has a pd of May 2005. It has been current since 2018. The nvc paperwork has already been completed, ds260, police certificate, payments etc and all have been documentarily qualified since April of this year. 

So why have you not interviewed at your consulate?

SteveInBostonI130 Experienced

SteveInBostonI130   3,489

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Filed: IR-1/CR-1 Visa Country: Ukraine
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8 minutes ago, Certified said:

The i-130 has a pd of May 2005. It has been current since 2018. The nvc paperwork has already been completed, ds260, police certificate, payments etc and all have been documentarily qualified since April of this year. 

Then you are allowed to adjust status:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

 

SteveInBostonI130 Experienced

SteveInBostonI130   3,489

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted

Once AOS is in processing, you are permitted to stay even after the I-94 expires.  

 

I am not sure if F4 category can apply for AP and EAD, but hopefully someone here can respond?

 

Cjab Rookie

Cjab   1

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Filed: EB-3 Visa Country: Philippines
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5 hours ago, Certified said:

I have a current i-130 petition that is DQ at the nvc stage under the f4 sibling category. I have been in the US now for about 2 months on my b2 tourist visa. 

 

I recently found out that it may be possible to stay here with my family and do adjustment of status instead of consular processing. 

 

Would aos be a possible option for me? & what will happen if it is pending and my i-94 expires before approval?

 

If anyone has done anything similar I would love the know what it was like, if I even is possible. Thank you!

 consular processing is faster and lenient. Aos is slowest with so much risk.

geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
17 hours ago, SteveInBostonI130 said:

Once AOS is in processing, you are permitted to stay even after the I-94 expires.  

 

I am not sure if F4 category can apply for AP and EAD, but hopefully someone here can respond?

Yes, they can. Same process as any other family-based AP/EAD.

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

 

JFH Grand Master

JFH   12,191

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

Bear in mind that you will not be able to leave the US for many, many months. Not even to sort out those strong ties to your homeland that you demonstrated to the embassy for your B-2.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Certified Rookie

Certified   0

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Posted (edited)
6 hours ago, JFH said:

Bear in mind that you will not be able to leave the US for many, many months. Not even to sort out those strong ties to your homeland that you demonstrated to the embassy for your B-2.

Applied for b-2 as a high school student visiting family for vacations. In my last semester of my bachelors degree which is now completely online due to the virus.

 

Thank you all for providing me with this information. I will think if through and finalize my decision if this is right for me.

Edited by Certified
payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
On 9/27/2020 at 3:43 PM, Certified said:

I have a current i-130 petition that is DQ at the nvc stage under the f4 sibling category. I have been in the US now for about 2 months on my b2 tourist visa. 

 

I recently found out that it may be possible to stay here with my family and do adjustment of status instead of consular processing. 

 

Would aos be a possible option for me? & what will happen if it is pending and my i-94 expires before approval?

 

If anyone has done anything similar I would love the know what it was like, if I even is possible. Thank you!

What is you priority date?

YMMV

Jacobo Explorer

Jacobo   122

Posted
Filed: Citizen (pnd) Country: Colombia
 Timeline
Posted (edited)

As far as I know, you can only adjust status within the United States once a visa is available to you. The overstay is only forgiven to immediate relatives of US Citizens, (that is parents, unmarried children under 21, and the spouse). If you overstay your visa, you will not be able to adjust status once a visa is available, because you will become inelegible. So I would recommend you to wait for consular processing in your home country.

Edited by Jacobo
 
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