Adjustment of status after I-130 approval

[skido30 0]

Hey,

Thats my story, hope you can help.

I've married my wife (she's a us citizen) on december 2013 inside USA.

As i had to return to my country, we've filed the i-130 and i-129 (k3 visa) over Jan 2014.

We just received an approval for the i-130 by email (no noa2 by mail yet) this week.

I have two options, I can stay in my country and wait for the consular process for my greencard, and I can enter USA now, and file for adjustment of status over there.

What will be the fastest way, how long does it usually takes to approve adjustment of status (i-485) once the i-130 was approved.

If more information is requested, please let me know asap as I'll be going to USA anyway for business reasons (got b1/2 visa) and can file AOS over there (in the next week orso)

Thanks.

[JohnR! 5,495]

At this point you must wait in your home country and complete the process there. It should take approximately 12 months from end to end.

You can't reenter the US with the purpose of AOS on a B1/B2 visa, for it would be considered immigration fraud. You can travel to the US and visit your wife, or come for business but you can't stay and AOS anymore.

Good luck!

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate.

[skido30 0]

ok, I'll adjust my question so you might answer.

If someone has an approval on a i-130, and he now decides to file for AOS, will he wait less time inline rather case when he file for AOS with I-130 together

thanks.

[JohnR! 5,495]

There is no AOS with the I-130 when the beneficiary, as is your case, is not in the US. At the end of the CR/IR process [~ 12 months] you will receive a stamp on your passport which will be your greencard until you receive the actual card in the mail.

Edited June 3, 2014 by Gegel

[skido30 0]

lets adjust it again

- a us citizen files i-130 for his wife. he waits for the approval. that took 9 months.

now we start blank

he files AOS for his wife (i-130 was approved). will it take the same time for a AOS filed with i-130 together or will be a shorter waiting time

[jan22 3,018]

ok, I'll adjust my question so you might answer.

If someone has an approval on a i-130, and he now decides to file for AOS, will he wait less time inline rather case when he file for AOS with I-130 together

thanks.

Adjusting the question to get the answer you want doesn't make it any more legal. You got the answer -- you just don't want to listen to it, sorry.

[JohnR! 5,495]

lets adjust it again

- a us citizen files i-130 for his wife. he waits for the approval. that took 9 months.

now we start blank

he files AOS for his wife (i-130 was approved). will it take the same time for a AOS filed with i-130 together or will be a shorter waiting time

You only file the I-130 on its own, if the beneficiary is not in the US. When the beneficiary is stateside you file the I-130 [if required] and the other documents for AOS together; therefore for the former there is no AOS.

Good luck.

[Ryan H 3,810]

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