i-130 (GC) for spouse

[pamir139 0]

Hello dear experts, could someone kindly shed some light on my case.

My wife and three children ( 8, 7 years and 11 months) are green card holders though the Lottery, I have been put on Admin Processing and never received my GC, waited for 4 months to reunite with them through M1 visa, we  filed the i-130 in January 2024.  The timing on the USCIS website indicates 3 months? How accurate is that?

 My visa is expiring on December this year, however I have completed my technical training and the school wants to terminate my i-20. In order to stay legally in US to wait for the approval of my i130 what can you suggest? 

Appreciate your time. 

[Crazy Cat 39,286]

To clarify for me:  Your spouse is a Green Card holder.  You want to adjust status through her to obtain a Green Card. Your spouse filed an I-130 for you in January 2024.  Is that correct?

 

Be aware that an approved I-130 will not grant you legal status in the US.  In order to adjust status, you would have to a current I-130 priority date, and you MUST remain in legal status the entire time.  It could take years.

Edited March 6 by Crazy Cat

[SalishSea 16,779]

13 minutes ago, pamir139 said:

Hello dear experts, could someone kindly shed some light on my case.

My wife and three children ( 8, 7 years and 11 months) are green card holders though the Lottery, I have been put on Admin Processing and never received my GC, waited for 4 months to reunite with them through M1 visa, we  filed the i-130 in January 2024.  The timing on the USCIS website indicates 3 months? How accurate is that?

 My visa is expiring on December this year, however I have completed my technical training and the school wants to terminate my i-20. In order to stay legally in US to wait for the approval of my i130 what can you suggest? 

Appreciate your time. 

You can’t adjust status.  You have to return to your country to wait out the admin processing.

[pamir139 0]

8 minutes ago, Crazy Cat said:

To clarify for me:  Your spouse is a Green Card holder.  You want to adjust status through her to obtain a Green Card. Your spouse filed an I-130 for you in January 2024.  Is that correct?

 

Be aware that an approved I-130 will not grant you legal status in the US.  In order to adjust status, you would have to a current I-130 priority date, and you MUST remain in legal status the entire time.  It could take years.

Yes thats correct. All understood, thanks

[Crazy Cat 39,286]

**Moved to Adjustment of Status From Work, Student, or Tourist Visas***

[pamir139 0]

4 minutes ago, SalishSea said:

You can’t adjust status.  You have to return to your country to wait out the admin processing.

No the admin process was before me coming here

[Crazy Cat 39,286]

12 minutes ago, pamir139 said:

No the admin process was before me coming here

So, the visa is still pending?  If so, @SalishSea is correct.

Edited March 6 by Crazy Cat

[Timona 3,943]

1. When did your family receive their GC? 

2. Why didn't you receive yours?

3. Were you legally married at the time they received their GC?

4. Filing I-130 was a waste of $$$ and time. Not sure who told you to do this. 

[SalishSea 16,779]

26 minutes ago, pamir139 said:

No the admin process was before me coming here

In that case, you still need to return home because a numerically limited visa number won’t be available to you for many years, and if you become out of status, you’ll be ineligible.

[pamir139 0]

11 minutes ago, Crazy Cat said:

So, the visa is still pending?  If so, @SalishSea is correct.

I'm on m1 visa valid until Dec, but since I completed my training the school wants to terminate my i-20, so my question was how to stay legal to wait for the i130? would applying for b2 visa while here be ok

[pamir139 0]

2 minutes ago, Timona said:

1. When did your family receive their GC? 

2. Why didn't you receive yours?

3. Were you legally married at the time they received their GC?

4. Filing I-130 was a waste of $$$ and time. Not sure who told you to do this. 

They received their GC on Sep 2023.

I was put on admin processing and they ran out of visas.

Yes I was legally married and have 3 kids

Why is it waste of money? 

[Crazy Cat 39,286]

11 minutes ago, pamir139 said:

so my question was how to stay legal to wait for the i130?

Why do you want to wait for the I-130? You do not gain legal status in the US when an I-130 is approved.  A B2 would not help you to remain in status for as long as you need to adjust status.

 

Edited March 6 by Crazy Cat

[pamir139 0]

3 minutes ago, SalishSea said:

In that case, you still need to return home because a numerically limited visa number won’t be available to you for many years, and if you become out of status, you’ll be ineligible.

Like I mentioned my i130 processing time indicates 3 months, if approved I can apply for adjustment of status , or did I get something wrong? 

[Timona 3,943]

2 minutes ago, pamir139 said:

Why is it waste of money? 

 

As @Crazy Cat explained. You have to be in status all this while in US. There's a backlog and you're probably looking at 4 years. 

Additionally, you have AP in your country. USCIS systems are connected worldwide. They're going to see that. They'll question why you're trying to I-130 yet there's AP going on in your country. 

 

So, few reason why

[Crazy Cat 39,286]

9 minutes ago, pamir139 said:

Yes I was legally married and have 3 kids

When did you enter the US on your M-1?