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kulayblue

Travel to US on tourist visa while I-130 pending?

By kulayblue in Bringing Family Members of US Citizens to America

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kulayblue Explorer

kulayblue   1

Posted
Filed: Other Country: Philippines
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I filed for I-130 for my parents last month and I'm still waiting for approval. Since they both have a tourist visa, can they visit the US while their I-130 petition is pending? If so, do they need to go back home for consular processing or can I just file AOS when they get here? Please advise.

Thanks!

I-130 (IR-5) FOR BOTH PARENTS

Consulate: Manila, Philippines

09/17/09 : Mailed I-130 (through USPS Express Mail)

09/29/09 : Received NOA1 (dated 9/24)

01/21/10 : Received NOA2 (Petition Approved!)

NVC

02/04/10 : Received DS-3032 Packet in the e-mail

02/04/10 : Paid $70 AOS Fee and e-mailed DS-3032

02/06/10 : Mailed DS-3032 (through USPS Priority Mail)

02/11/10 : Mailed I-864 (through USPS Priority Mail)

02/16/10 : IV Bill Status Paid

02/25/10 : Mailed DS-230 Packet (through USPS Priority Mail)

03/01/10 : NVC received DS-230 Packet

03/12/10 : CASE COMPLETED

03/25/10 : Interview letter received (May 6, 2010)

04/27/10 : Medical - need to do Sputum Test (2 month delay)

07/13/10 : Interview

08/01/10 : Visa Delivered

TayRivers Proficient

TayRivers   4

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
I filed for I-130 for my parents last month and I'm still waiting for approval. Since they both have a tourist visa, can they visit the US while their I-130 petition is pending? If so, do they need to go back home for consular processing or can I just file AOS when they get here? Please advise.

Thanks!

Yes they can visit while the I-130 is pending, but they must return to their home country for their interview..

Tay

kulayblue Explorer

kulayblue   1

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted
Yes they can visit while the I-130 is pending, but they must return to their home country for their interview..

Tay

Thanks Tay! What about the I-485? That won't work since I selected consular processing when I filed for I-130? Just wondering.... Thanks again!

I-130 (IR-5) FOR BOTH PARENTS

Consulate: Manila, Philippines

09/17/09 : Mailed I-130 (through USPS Express Mail)

09/29/09 : Received NOA1 (dated 9/24)

01/21/10 : Received NOA2 (Petition Approved!)

NVC

02/04/10 : Received DS-3032 Packet in the e-mail

02/04/10 : Paid $70 AOS Fee and e-mailed DS-3032

02/06/10 : Mailed DS-3032 (through USPS Priority Mail)

02/11/10 : Mailed I-864 (through USPS Priority Mail)

02/16/10 : IV Bill Status Paid

02/25/10 : Mailed DS-230 Packet (through USPS Priority Mail)

03/01/10 : NVC received DS-230 Packet

03/12/10 : CASE COMPLETED

03/25/10 : Interview letter received (May 6, 2010)

04/27/10 : Medical - need to do Sputum Test (2 month delay)

07/13/10 : Interview

08/01/10 : Visa Delivered

TayRivers Proficient

TayRivers   4

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
Yes they can visit while the I-130 is pending, but they must return to their home country for their interview..

Tay

Thanks Tay! What about the I-485? That won't work since I selected consular processing when I filed for I-130? Just wondering.... Thanks again!

You would not be filing for I-485... that is for people who are already living in the US not for people to come on a tourist visa and then file for AOS. You have already started the immigrant visa process so they would be seen to have immigrant intent so they cant file for AOS after entering the USA with the intent to remain and file I-485. that would be visa fraud.

They will have to return to the country where their interview is going to be and once they are approved at the interview they will get IR-5 visas that will allow them to come to the USA and remain as greencard holders.

Tay

 
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