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Shahrukh khan

Filling I-485 while I-130 still pending

By Shahrukh khan in Bringing Family Members of US Citizens to America

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Shahrukh khan Apprentice

Shahrukh khan   0

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Filed: K-1 Visa Country: Pakistan
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Hi everyone I have a question from all of you and need advice what should I do in order to start my process. So I filled my father I-130 form last year and that time his visit visa was in administrative processing and now his visit visa is approved so If he come to USA can I adjust his status while his I-130 still under processing. 

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Vickys_Mom Enthusiast

Vickys_Mom   221

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Filed: IR-5 Country: Indonesia
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Your question appears to be, can my father come to the U.S. on a visitor's visa so that I can apply AoS for him to stay and seek LPR or citizenship.


Nope.  If your father enters on a visitor's visa for the sole purpose of adjusting status, that's immigration fraud.

 

You've already got the I-130 in process.  Have your dad come and visit, give him a chance to see what it's like here and whether or not he really does want to live here.  Then he can go back and wait out the immigration process like everyone else does.

 

When he gets to the port of entry into the United States, he also needs to be very clear that he's coming here to visit and then return home to wait out the process.  Adjustment of Status should never, ever, ever come up in his discussion with USCIS.  

 

Regards,

Vicky's Mom

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SteveInBostonI130 Experienced

SteveInBostonI130   3,352

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Filed: IR-1/CR-1 Visa Country: Ukraine
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1 hour ago, Shahrukh khan said:

Hi everyone I have a question from all of you and need advice what should I do in order to start my process. So I filled my father I-130 form last year and that time his visit visa was in administrative processing and now his visit visa is approved so If he come to USA can I adjust his status while his I-130 still under processing. 

 

No.  That is fraud.

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TBoneTX Grand Master

TBoneTX   44,691

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Filed: Citizen (apr) Country: Ecuador
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The OP has received his answers.  Continuing this thread will be counterproductive, so it is locked.  Please do not restart this topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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