I-130 approval take months / years to be approved. Once AOS ( I-485 ) submitted they can’t leave US otherwise it will be considered as abandon. They can stay here with pending case ( once I-485 received by USCIS) . It’s might take months / years before they got approved
Overstay doesn't matter for Immediate Relatives: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8
Immediate Relatives
Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. [2]
An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:
The applicant is now employed or has ever been employed in the United States without authorization;
The applicant is not in lawful immigration status on the date he or she files the adjustment application;
The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
The applicant has ever violated the terms of his or her nonimmigrant status.
US EMBASSY MANILA, thank you and God bless
Our K1 Fiance Visa Timeline:
- July 1, 2011 - my fiance filed his petition and submitted the forms (I-129F, G-325A, Letter of Circumstances, Certificate of Naturalization and Photos) to California service center, paid $340.00.
- July 5, 2011 - received the I-797C, Notice of Action from USCIS, notified us that they have received our application
- October 25, 2011 - received the I-797 Notice of Action from USCIS, stating that petition is approved
- November 18, 2011 - my fiance who is the petitioner received an email from the National Visa Center notifying him that I will soon get a packet with instructions from the consular on how to apply for the K1 Visa here Manila
- December 2, 2011 - received the letter from the Embassy of USA, Manila with the instructions on what I need to do
- December 26, 2011 - paid P15,400 at BPI for the processing
- December 28, 2011 - registered online for the Medical at St. Luke's Medical Center
- December 29, 2011 - paid P9,387.50 for my Medical at St. Luke's Medical Center. Done with the 1st day of Medical and asked to come back for the immunization.
- January 2, 2012 - went back to St. Luke's for my immunization and got the results.
- January 12, 2012 - scheduled my interview online at ustraveldocs.com
- January 20, 2012 - Interview from 630am-1030am. VISA APPROVED
Prepare the ff:
- Forms: DS156, DS156k, DS157
- 2 2x2 picture
- RECEIPT OF PAYMENT ORIGINAL
- APPOINTMENT CONFIRMATION LETTER
- PASSPORT
- NSO BIRTH CERT ORIGINAL
- NBI ORIGINAL
- CERTIFICATE OF NO MARRIAGE ORIGINAL
- PERSONAL COPY OF THE MEDICAL
- Form I-134 Affidavit of Support
- RECENT W2 and ITR of Petitioner photocopy
- CERTIFICATE OF EMPLOYMENT (Petitioner)
- PHOTOS, Email, proof of genuine engagement
Good luck to ya'll and have a great 2012! Can't wait to start my forever with the only man I'm going to marry Love you cupcake! We deserve this!