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michelob

My husband has Green Card,I come in with a B2,can I apply for reuniting the family if,yes what are the steps?

By michelob in Adjustment of Status from Work, Student, & Tourist Visas

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michelob Newbie

michelob   0

Posted
Filed: EB-2 Visa Timeline
Posted

Hello all,

My husband has Green Card and 2,5 years till he can become a citizen,we got married 9 months ago and since than I come in and out of US in order for me to stay legal(I have a second 10 years visa on my passport and I also worked for 7 years in US).

After doing a lot of reading on the USCIS,I finally decided to apply for reuniting the family for the I-130,I just need,somebody advice ,who pass this if this is the right way for us to do it.

I'm just afraid this will damage his chances on getting his citizenship ,but at the same time I want to stay with him here and be legal.

I did a lot of reading on the USCIS and I found out that they change the waiting time to 5 months,for wife and kid's.

My visa will expire in January and I'm thinking to apply for I-130 now,in the waiting time,is my status pending..or I will be count as illegal?

Thank you all so much

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sulaiman Contributor

sulaiman   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Hello all,

My husband has Green Card and 2,5 years till he can become a citizen,we got married 9 months ago and since than I come in and out of US in order for me to stay legal(I have a second 10 years visa on my passport and I also worked for 7 years in US).

After doing a lot of reading on the USCIS,I finally decided to apply for reuniting the family for the I-130,I just need,somebody advice ,who pass this if this is the right way for us to do it.

I'm just afraid this will damage his chances on getting his citizenship ,but at the same time I want to stay with him here and be legal.

I did a lot of reading on the USCIS and I found out that they change the waiting time to 5 months,for wife and kid's.

My visa will expire in January and I'm thinking to apply for I-130 now,in the waiting time,is my status pending..or I will be count as illegal?

Thank you all so much

Hello, You do not have any problem. Apply for I-130 as soon as possible. you can stay even if your visa is expired, but try to extend it if you can.

Jun 22, 10 - NOA 1

Nov 5, 10 - Approved!! NOA 2 by email

NVC Received File - Nov recievd from uscis

Nov 16, 10 - Received Case# Called Nvc recording gave my NVC Number

Nov 17, 10 - Called NVC gave them my email and my wife email

Nov 17, 10 - Call NVC talked to person and got IIN.

Nov 18, 10 - I-864(AOS)12 fee ($88) Paid Payment IN process.

Nov 18, 10 - DS Forms Emailed Via Email for Electronic Processing recieved mail back did not take it

Nov 22, 10 - DS 3032 emailed got resoponse recieved it

Nov 22, 10 - AOS = sent via priority mail

Nov 22 , 10: IV Bill Invoiced

Nov 22 ,10 - paid IV online

Nov 24, 10 - IV= sent via priority mail

Dec 7, 10 - IV and AOS Recieved via AVR recording.

Dec 16. 10 - filled ds-260 online, as of operator said I needed and send sup doc via email.

??/??/????: Sign in Failed

??/??/????: AOS package review completed

??/??/????: IV package review completed

??/??/????: Case Completed

??/??/????: Consulate Interview Scheduled

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Hello all,

My husband has Green Card and 2,5 years till he can become a citizen,we got married 9 months ago and since than I come in and out of US in order for me to stay legal(I have a second 10 years visa on my passport and I also worked for 7 years in US).

After doing a lot of reading on the USCIS,I finally decided to apply for reuniting the family for the I-130,I just need,somebody advice ,who pass this if this is the right way for us to do it.

I'm just afraid this will damage his chances on getting his citizenship ,but at the same time I want to stay with him here and be legal.

I did a lot of reading on the USCIS and I found out that they change the waiting time to 5 months,for wife and kid's.

My visa will expire in January and I'm thinking to apply for I-130 now,in the waiting time,is my status pending..or I will be count as illegal?

Thank you all so much

This is AOS. You will have more answers in AOS (Adjustment of Status) forum, if you posted there.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

Be aware, entering on a non-immigrant visa with the INTENT to AOS (as you have said here you have) is immigration fraud.

** moved from "IR-1/CR-1 Process & Procedures" to "AOS (Other)" as the OP is planning to AOS from a visitors visa **

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hello all,

My husband has Green Card and 2,5 years till he can become a citizen,we got married 9 months ago and since than I come in and out of US in order for me to stay legal(I have a second 10 years visa on my passport and I also worked for 7 years in US).

After doing a lot of reading on the USCIS,I finally decided to apply for reuniting the family for the I-130,I just need,somebody advice ,who pass this if this is the right way for us to do it.

I'm just afraid this will damage his chances on getting his citizenship ,but at the same time I want to stay with him here and be legal.

I did a lot of reading on the USCIS and I found out that they change the waiting time to 5 months,for wife and kid's.

My visa will expire in January and I'm thinking to apply for I-130 now,in the waiting time,is my status pending..or I will be count as illegal?

Thank you all so much

Your husband can send an I-130 petition for you now. When your priority date becomes current then you can submit an I-485 to adjust status ONLY IF YOU ARE CURRENTLY IN THE US LEGALLY. A pending I-130 does not grant any temporary lawful presence. A pending I-485 does.

He can submit an I-130 without it having any affect on his becoming a US citizen.

If you overstay after your authorized stay expires in January then you won't receive any automatic ban from the US until you've overstay by 180 days or more. However, you cannot adjust status even if your current overstay is even one day. You must be lawfully present the day USCIS accepts your AOS petition.

Once the I-130 is approved then you may have a very tough time getting back into the US with your B2 visa. The issue of 'preconceived intent' becomes a huge factor. You may have to remain in your home country and apply for an FB2A visa when your priority date becomes current.

Please note that the above advice is diametrically opposed to most of the advice you'll read in this subforum, but the fact that your husband is an LPR rather than a US citizen completely changes the rules.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hello, You do not have any problem. Apply for I-130 as soon as possible. you can stay even if your visa is expired, but try to extend it if you can.

This is wrong. This only applies to an immediate relative of a US citizen. An immediate relative of an LPR must have lawful presence at the time their AOS petition is accepted, and they can't submit the AOS petition until the I-130 has been approved and their priority date becomes current.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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michelob Newbie

michelob   0

Posted
Filed: EB-2 Visa Timeline
  • Author
Posted

This is wrong. This only applies to an immediate relative of a US citizen. An immediate relative of an LPR must have lawful presence at the time their AOS petition is accepted, and they can't submit the AOS petition until the I-130 has been approved and their priority date becomes current.

Thank you so much JimVaPhuong,I have to do some thinking ,know that i have a clear idea on what should I do...

Thank you again

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inloveVEN Collaborator

inloveVEN   46

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

Hello, You do not have any problem. Apply for I-130 as soon as possible. you can stay even if your visa is expired, but try to extend it if you can.

No, it is not that easy. As a lpr he needs to file an i-130 and then wait for the availability of a visa. You cannot overstay. You can keep travlling using your b2 visa. But it is really a matter of luck what can happen at POE. You need to be aware of that maybe there you can be rejected.

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