i-130 approved. But does a current f-1 visa count?

[LynDan 0]

I am from Grenada, that a small island in the southern caribbean who is currently in the USA on an F1 visa which expires next year and I am still in school/College.

In April of 2009 a petition was made for me to become a permanent resident.

Currently this is what my status online says.

Post-Decision Activity

On December 31, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State.

I know the next step is for my application to be sent to the NVC.

My question is since I already have a F1 visa which has not expired yet, would I still have to wait for another visa that is available or will my current F1 visa count for something.

Edited January 5, 2010 by LynDan

[USIVC 0]

Non-immigration visa and immigration visa are two separate issues. F-1 visa entitles you to stay in the United States legally as long as you abide by the regulations of F-1 visa.

I-130 is an immigration petition. Once it is approved, you are entitled to receive the permanent residence (green card) status when the quota of your immigration category is available. It is not clear which category that your I-130 was filed. If the quota is current for your immigration category, you can file adjustment of status with your I-130 approval, and then you don't need your F-1 visa anymore.

___________________________________________

The above is not legal advice.

by US Immigration Visa Center

[Darnell 8,479]

the two are not related at all, unless you need to stay home for 2 years after the f-1 is finished.

----

In April of 2009 a petition was made for me to become a permanent resident.

HOW?

Was it filed as part of AOS package (I-130 with I-485) or was filed as solely an I-130 ?

Please clarify. Thanks !

Edited January 6, 2010 by Darnell

[LynDan 0]

the two are not related at all, unless you need to stay home for 2 years after the f-1 is finished.

----

In April of 2009 a petition was made for me to become a permanent resident.

HOW?

Was it filed as part of AOS package (I-130 with I-485) or was filed as solely an I-130 ?

Please clarify. Thanks !

Its was filed solely as a I-130

[Darnell 8,479]

If you are going to school in the USA, and yer USC spouse is filing solely an I-130 -

then at some point, you'll need to go back to a US Embassy somewhere, for the interview (with a medical exam thrown in, for good measure).

So, have yer USC spouse process the stuff for NVC when it gets to NVC - but -

YOU BE prepared to trip back home country , when the P4 packet is sent out to your home country address.

If I seem a bit confused, well, hei - take a look at the copy of the I-130, see where the petition will be adjudicated.

I think once you have yer NVC case number, more will become clear, yes? the first 3 characters of the NVC casenumber will have the US Embassy/POST designation for the interview.

For the nonce, ya, sure, yer allowed to stay in country on the F-1 visa, until it expires or you finish up your coursework. Later, though, I am guessing (rightly or wrongly ) that you'll have to go back home, for the CR-1 Interview and medical exam.

GOOD LUCK !

Edited January 6, 2010 by Darnell

[canadian_wife 1,829]

You may remain in the US as long as your F-1 is valid. Once it expires, or you graduate or you do not fulfill the terms of your visa, you will depart the US. If your interview is scheduled before the F-1 expires, you will need to leave the US and attend the interview in your home country.

Who petitioned for you, was it a spouse? sibling? relative?