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JonLisa

Can he stay?

By JonLisa in Bringing Family Members of US Citizens to America

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JonLisa Rookie

JonLisa   1

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

1. We filed and received receipt notice for I130 from USCIS. My husband's visitor visa expires Feb 1st. Can he stay while they process application?

 

2. Also, should we go ahead and file Change of Status application?

 

3. And, is there a way he can work while waiting? He's an Industrial Maintenance Mechanic Supervisor and has a 10 year Visitors Visa he originally required for work but here now on B2 visitor visa.

Thank you for any information! 

Boiler Grand Master

Boiler   45,693

Posted
Filed: K-1 Visa Country: Wales
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Posted

Yes

 

Yes

 

As soon as he has his EAD, 6 to 8 months after you file to adjust.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   41,982

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted
9 minutes ago, JonLisa said:

1. We filed and received receipt notice for I130 from USCIS. My husband's visitor visa expires Feb 1st. Can he stay while they process application?

 

2. Also, should we go ahead and file Change of Status application?

 

3. And, is there a way he can work while waiting? He's an Industrial Maintenance Mechanic Supervisor and has a 10 year Visitors Visa he originally required for work but here now on B2 visitor visa.

Thank you for any information! 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Chancy Grand Master

Chancy   6,241

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
16 minutes ago, JonLisa said:

1. We filed and received receipt notice for I130 from USCIS. My husband's visitor visa expires Feb 1st. Can he stay while they process application?

 

No, filing the I-130 does not allow him to stay after his I-94 expires.  He will need to file I-485 to be able to stay in the US legally.

 

17 minutes ago, JonLisa said:

2. Also, should we go ahead and file Change of Status application?

 

It should be the I-485 application for Adjustment of Status (AOS).  Change of Status is a different process for non-immigrant status.

 

20 minutes ago, JonLisa said:

3. And, is there a way he can work while waiting? He's an Industrial Maintenance Mechanic Supervisor and has a 10 year Visitors Visa he originally required for work but here now on B2 visitor visa.

 

He will need to apply for EAD to be allowed to work.  File I-765 along with the I-485.  Might as well file the I-131 for AP travel permit too.  Current estimate for EAD/AP processing is around 6 months.

 

 
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