I-130 filing if alien spouse already in US

[CaringMom 0]

Hello everyone.

Am new member to the site.

If my daughter gets married and her spouse files I-130 and I-495 petitions for her today, how long approximately will it take for her to get visa.

She is currently in school here in the US, but her visa status expired over a year ago.

Any assistance I can get will be greatly appreciated.

[Luckywife2007 6]

Hello everyone.

Am new member to the site.

If my daughter gets married and her spouse files I-130 and I-495 petitions for her today, how long approximately will it take for her to get visa.

She is currently in school here in the US, but her visa status expired over a year ago.

Any assistance I can get will be greatly appreciated.

Before anyone can assist you, you will need to provide more info such as what type of Visa she entered the US with in the first place and how long has it been expired and what country is your Daughter from? Also, are you referring to the I-485 perhaps? Like I said, more info is needed as to provide true and accurate information.

Good Luck!

[CaringMom 0]

Sorry. Don't quite know the rules yet.

She was brought here when just 8 yrs old on visiting Visa. We are originally from Nigeria. Dad (USC and so am I) filed a I-130 for her. It was approved, but unfortunately she was just over 21 and would have to apply for status adjustment outside of the US. We have been advised agaist that as it would trigger a 10 year ban. She has a boyfriend and they are planning to get married soon.

My question is - after they get married, would the processing time be any different as she is already here?

And yes, I meant I-485. Thx!

[Brother Hesekiel 2,235]

Sorry. Don't quite know the rules yet.

She was brought here when just 8 yrs old on visiting Visa. We are originally from Nigeria. Dad (USC and so am I) filed a I-130 for her. It was approved, but unfortunately she was just over 21 and would have to apply for status adjustment outside of the US. We have been advised agaist that as it would trigger a 10 year ban. She has a boyfriend and they are planning to get married soon.

My question is - after they get married, would the processing time be any different as she is already here?

And yes, I meant I-485. Thx!

ALERT!

You have been advised incorrectly!

If she leaves the US, she would indeed trigger a 10-year bar preventing her from coming back until 2021. It is very unlikely that she'll get an I-601 approved.

If she marries her boyfriend, she becomes the immediate relative of a US citizen, and in this case her age doesn't matter. Afterward, they can apply for Adjustment of Status, which always happens from within the US!

The one thing I don't understand his why her dad and her mom became LPRs and later US Citizens, but did not petition for their daughter earlier.

[CaringMom 0]

Can only plead ignorance and very bad advise.

So angry with myself for not acting sooner.

Was in abusive relationship with her Dad and ultimately filed for divorce. Took longer for my citenship to go through. Didn't pay close enough attention to timeline. So ashamed.

Is there any way a waiver can be filed to allow her to adjust her status without leaving? I don't want her to rush the relationship with her boyfriend.

[Deputy Purple 1,294]

Is there any way a waiver can be filed to allow her to adjust her status without leaving?

Such a waiver does not exist...

[Brother Hesekiel 2,235]

Can only plead ignorance and very bad advise.

So angry with myself for not acting sooner.

Was in abusive relationship with her Dad and ultimately filed for divorce. Took longer for my citenship to go through. Didn't pay close enough attention to timeline. So ashamed.

Is there any way a waiver can be filed to allow her to adjust her status without leaving? I don't want her to rush the relationship with her boyfriend.

What has been done or not been done lies in the past. We can't change the past; we can only influence the future (to some degree).

Now, there is no need to rush into anything. Getting married for the wrong reasons can have a major impact on your daughter's well being.

Let's look at her situation right now.

She's 21 years old and in school. You don't mention what school that is but I just make a guess that she is in a community college or even 4-year university, working toward a Bachelor's degree.

If so, nobody is going to raid the school and ask for "papers," I can assure you that much. Immigration is a Federal issue, not a State issue, and ICE is not raiding schools and universities. Thus, as long as your daughter stays out of trouble, doesn't commit any crime, she won't have any issues with immigration officials. Understand that a visa is just the ticket to enter; it's like Disneyland where you enter, but once you're in you can take all those rides except the ones where you have to pay extra.

I would not advise her to get married just for a Green Card. That would be wrong for many reasons. If the relationship with her boyfriend really progresses naturally and at some point the two decide to tie the knot, that's wonderful. At that point they can apply for Adjustment of Status. There is no waiver needed for that. Again . . . as long as she doesn't leave the US, all will fall into place naturally. Another thing she should never do is claim to be a US citizen. It's okay to say nothing, but it can have fatal consequences to mark a school application with a false claim of citizenship.

If you understand this, let us know. If you still have questions, let us know that as well. It's paramount that you understand the difference between a visa that allows one to travel to the United States, and Adjustment of Status, which allows a non-immigrant, like a visitor or student, even when out of status for a long time, to adjust status to an immigrant.

[CaringMom 0]

Thanks a lot Bob. Really appreciate the input.

She's worked very hard and is currently in graduate school. Ultimately, neither she nor I can contemplate a loveless marriage. The more I read, the more I conclude that is not an option. If the boyfriend is the one, then fine. If not, then that's also okay. I guess she will have to stay in school and pursue further advanced degrees while we see what the future brings.

She is so depressed after recent failure of dream act and also very angry with me. I cannot blame her.

Thank you very much for your advise about not falsely claiming citizenship. Although we've never done that, I was unaware of the severe consequences.

So glad I found this site and have learnt so much already.

I know this is asking a lot, but please keep us in your prayers.

Thanks again and will keep you posted.

[CaringMom 0]

I also wanted to congratulate you, Bob, on your upcoming ceremony. The day of my citizenship was one of the proudest moments of my life.