filing i130 and i485 concurrently

[gstene 0]

When is a visa number immediately available for concurrent filing of i148 and i130? 

 

When someone enters on ESTA and i130 and i148 are filed at the same time within the 90 day time period, the beneficiary just stays in the US even after the 90 days ESTA window has passed, right? That wasn't made clear to me during my research.

 

Thanks,

Gavin

 

 

[Chancy 6,241]

14 minutes ago, gstene said:

When is a visa number immediately available for concurrent filing of i148 and i130? 

 

Is the petitioner a US citizen?

What is the relationship between the petitioner and the beneficiary?

How old is the beneficiary?

What is the beneficiary's country of birth?

 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum ***

 

[Boiler 45,664]

Where is the beneficiary currently?

[gstene 0]

1 hour ago, Chancy said:

 

Is the petitioner a US citizen?

What is the relationship between the petitioner and the beneficiary?

How old is the beneficiary?

What is the beneficiary's country of birth?

 

Yeah

Married

28

French citizen

1 hour ago, Boiler said:

Where is the beneficiary currently?

She is in the United States.

[Chancy 6,241]

15 minutes ago, gstene said:

Yeah

Married

28

French citizen

She is in the United States.

 

Since the petitioner is a US citizen, their spouse's adjustment of status is considered an "immediate relative" case.  For immediate relatives of USC, visa numbers are always available and the visa bulletin is irrelevant.

 

2 hours ago, gstene said:

When someone enters on ESTA and i130 and i148 are filed at the same time within the 90 day time period, the beneficiary just stays in the US even after the 90 days ESTA window has passed, right?

 

Yes.  Assuming the intending immigrant got the receipt notice for their I-485 application, they are authorized to stay in the US until their I-485 is approved or denied.

 

[gstene 0]

Thanks for the information, that helps a lot.

 

One other question. How often does the 30/60 day rule effect decisions on i485?

[Chancy 6,241]

On 12/31/2021 at 3:55 AM, gstene said:

How often does the 30/60 day rule effect decisions on i485?

 

USCIS has no such 30/60 day rule.