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Alex1986

I-130 Help

By Alex1986 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Alex1986 Contributor

Alex1986   0

Posted
Filed: IR-1/CR-1 Visa Country: Belarus
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Posted

Hello everyone,

i am trying to help a family member....he is from Mexico, he has been here extending his work visa for the last 6 years. during his stay he ended up marrying an American citizen. Now he thinks that he needs to go back to Mexico to extend his work visa or apply for the green card. i am telling him that he should not go becuase they might not let him come back right away. I think that the smartest thing for him to do is for his wife to file I-130, petition for spouse. And then once he gets his green card then he can go back to Mexico whenever he wants to, for a visit. Please let me know what steps he should take.

P.S. is the I-130 mandatory or in his case maybe he can just to a change of status?? Let me know, thanks for everyone

**************

USCIS

6-30-07, our wedding

7-21-07, I-130 sent

8-01-07, NOA1

1-03-08, Case Approved

1-08-08, NOA2 & Case Sent to NVC

NVC

1-15-08, Case Recieved & NVC Case # Assigned

2-04-08, DS-3032 Form & AOS Fee Bill Sent Out

2-05-08, Sent DS-3032 Form & AOS Fee Bill w/Overnight Delivery

2-06-08, NVC recieved DS-3032, allow 4-6 weeks..........

2-08-08, NVC has recieved DS-3032, will send further instructions in few weeks.......

2-11-08, IV Fee Bill Generated

2-13-08, AOS Fee Bill Processed

2-19-08, DS-3032 & AOS Fee Bill recieved in mail

2-20-08, IV Fee Bill recieved in mail

2-21-08, IV Fee Bill Sent

2-26-08, AOS Packet recieved in mail

2-27-08, Sent AOS Packet w/Overnight Delivery

2-28-08, IV Fee Bill Processed

3-03-08, DS-230 Generated

3-04-08, Sent DS-230 w/Overnight Delivery

3-06-08, AOS Packet Recieved by NVC

3-11-08, DS-230 Recieved by NVC

3-14-08, AOS Packet Procesesing Completed

3-13-08, NVC recieved corrected DS-230

3-24-08, NVC recieved original Marriage License & Birth Certificate

3-27-08, CASE COMPLETED!!!!!!!!!! 72 Days Total Time @ NVC

4-15-08, Case Scheduled at Embassy......MAY 29th, 2008

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elya4848 Explorer

elya4848   3

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

Hello everyone,

i am trying to help a family member....he is from Mexico, he has been here extending his work visa for the last 6 years. during his stay he ended up marrying an American citizen. Now he thinks that he needs to go back to Mexico to extend his work visa or apply for the green card. i am telling him that he should not go becuase they might not let him come back right away. I think that the smartest thing for him to do is for his wife to file I-130, petition for spouse. And then once he gets his green card then he can go back to Mexico whenever he wants to, for a visit. Please let me know what steps he should take.

P.S. is the I-130 mandatory or in his case maybe he can just to a change of status?? Let me know, thanks for everyone

I think he can adjust status.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

if he has legal presence in USA - he can remain in USA and adjust status - eliminating the need for a visa.

BOTH end in a green card, but a VISA requires Consulate Interview -

please review the GUIDES SECTION HERE - study the 2 guides (VISA vs AOS)

I would vote for 'remain in USA and adjust status' instead of 'leave to mexico and try to get a visa'

Good Luck to them !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

if he has legal presence in USA - he can remain in USA and adjust status - eliminating the need for a visa.

BOTH end in a green card, but a VISA requires Consulate Interview -

please review the GUIDES SECTION HERE - study the 2 guides (VISA vs AOS)

I would vote for 'remain in USA and adjust status' instead of 'leave to mexico and try to get a visa'

Good Luck to them !

I agree but to answer your other question, yes, the I-130 is mandatory when adjusting status based on marriage to a US Citizen, except when adjusting from a K1 fiance visa . Follow the AOS Guide here. Advise him NOT to leave the USA, even if his visa is expiring. Any overstay will be forgiven.

Actually, the I-130 and I-485 are filed concurrently in this situation.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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