Confused regarding next steps after approval of petetion

[ram245 9]

Hi Everyone,

My aunt had petetioned for my mom's visa in 2002 & got approved in 2009. My question is should i send form DS2001 & DS230 Part 1 (Also called instruction package 3) even though my pd is still not current ?

I know my question sounds weird & to tell the truth, i always thought that we can't do any paperwork till the visa is current but i found the following sentence in form "IV-Infosheet-PK3" which i downloaded from mumbai consulate website

http://mumbai.uscons...ov/ivforms.html

"Your immigrant visa petition has been approved. While no assurance can be given regarding the date of your visa interview appointment, you should now prepare for that appointment by taking the following steps:

FIRST: Complete and return immediately Form DS-2001 and Form DS-230 Part I, by post, to the Immigrant Visa Section at the American Consulate.

SECOND: Obtain the following documents on this checklist, which pertain to you. As you obtain each document, check the box before each item and return this form to the Immigrant Visa Section at the American Consulate, Mumbai."

I have been following this thread for more than a year & seeing that almost all posts get reply. someone please clarify the situation & let me know what steps i have to follow. More than 10 years have already passed & i don't want to delay it any further because i didnt take any required steps. Someone please help me with this.

IV-Infosheet-PK3.pdf

[aaron2020 11,651]

Hi Everyone,

My aunt had petetioned for my mom's visa in 2002 & got approved in 2009. My question is should i send form DS2001 & DS230 Part 1 (Also called instruction package 3) even though my pd is still not current ?

I know my question sounds weird & to tell the truth, i always thought that we can't do any paperwork till the visa is current but i found the following sentence in form "IV-Infosheet-PK3" which i downloaded from mumbai consulate website

http://mumbai.uscons...ov/ivforms.html

"Your immigrant visa petition has been approved. While no assurance can be given regarding the date of your visa interview appointment, you should now prepare for that appointment by taking the following steps:

FIRST: Complete and return immediately Form DS-2001 and Form DS-230 Part I, by post, to the Immigrant Visa Section at the American Consulate.

SECOND: Obtain the following documents on this checklist, which pertain to you. As you obtain each document, check the box before each item and return this form to the Immigrant Visa Section at the American Consulate, Mumbai."

I have been following this thread for more than a year & seeing that almost all posts get reply. someone please clarify the situation & let me know what steps i have to follow. More than 10 years have already passed & i don't want to delay it any further because i didnt take any required steps. Someone please help me with this.

File the DS-230 only when you are instructed to do so. Has the NVC or the US Embassy instructed you to file?

[ram245 9]

File the DS-230 only when you are instructed to do so. Has the NVC or the US Embassy instructed you to file?

thnx a lot aaron2020 for the reply....

I am asking because right now i am in us for student visa so have to apply for adjustment of status only..thats why asking....

[aaron2020 11,651]

thnx a lot aaron2020 for the reply....

I am asking because right now i am in us for student visa so have to apply for adjustment of status only..thats why asking....

Since you are in the US and you want to adjust status, you would file Form I-485. You would not file a DS-230 for an immigration visa.

[Dua Ali 0]

thnx a lot aaron2020 for the reply....

I am asking because right now i am in us for student visa so have to apply for adjustment of status only..thats why asking....

Helloo,

I was just going through your post and found that you are pending immigration case and still you get entry to US with student visa. my friend with same as of you applied and the visa officer rejected on he basis of pending immigration status:(.. what have you done?

[ram245 9]

Since you are in the US and you want to adjust status, you would file Form I-485. You would not file a DS-230 for an immigration visa.

Thank you aaron2020 for the prompt reply.

I know i have to File I485. But in file I485 it says i can file only the visa number becomes available & in that also i have heard that there is a wait time.

I am asking this question bcz my status in usa is about to expire in 12-14 months & the way it is going i don't think it will reach dec 2002 in that time. so i was wondering

1. is there any way to file for aos now & extend may stay till pd is current ?

I more issue is i am above 21 but eligible acc to cspa. so i want to confirm that & acc to me only way is through ds230 thats why i was thinking

2. to send ds230 now if i can & than file i485 later when the pd is current?

Or the only option i have is

3. To wait till PD becomes current & than file I-485 ??

please advice me as i m still confused a lot & i dont trust lawyers as i hve seen ppl being misguided by lawyers so that they can earn money for more years & case stays pending for all that years.

[ram245 9]

Helloo,

I was just going through your post and found that you are pending immigration case and still you get entry to US with student visa. my friend with same as of you applied and the visa officer rejected on he basis of pending immigration status:(.. what have you done?

I was asked the same question in visa interview & i replied that petetion was filed for my mom not for me. I am going to go to usa for studying & will come back to india (v hve to show that for student visa otherwise v don't get one) as i hve such plans etc. but after all its all about luck, that guy beleived me & gave me visa. if some crazy person is der at the int he wouldnt give them. student visa r always risky.

[aleful 1,905]

Thank you aaron2020 for the prompt reply.

I know i have to File I485. But in file I485 it says i can file only the visa number becomes available & in that also i have heard that there is a wait time.

I am asking this question bcz my status in usa is about to expire in 12-14 months & the way it is going i don't think it will reach dec 2002 in that time. so i was wondering

1. is there any way to file for aos now & extend may stay till pd is current ?

I more issue is i am above 21 but eligible acc to cspa. so i want to confirm that & acc to me only way is through ds230 thats why i was thinking

2. to send ds230 now if i can & than file i485 later when the pd is current?

Or the only option i have is

3. To wait till PD becomes current & than file I-485 ??

please advice me as i m still confused a lot & i dont trust lawyers as i hve seen ppl being misguided by lawyers so that they can earn money for more years & case stays pending for all that years.

you cannot adjust status here, you aren't the beneficiary, your mother is. you are a derivative of her petition. your aunt filed for her not you.

siblings can file for their married siblings and children under 21. you will have to go through consular processing and be at the US Consulate with your familiy, you have to be interviewed with your mom. NVC will request the forms and documents for each family member immigrating to the US and you will all have the interview when your mom's priority date becomes current.

that's why they gave you the student visa, immigration knows you have to return

Edited November 29, 2012 by aleful

[ram245 9]

you cannot adjust status here, you aren't the beneficiary, your mother is. you are a derivative of her petition. your aunt filed for her not you.

siblings can file for their married siblings and children under 21. you will have to go through consular processing and be at the US Consulate with your familiy, you have to be interviewed with your mom. NVC will request the forms and documents for each family member immigrating to the US and you will all have the interview when your mom's priority date becomes current.

that's why they gave you the student visa, immigration knows you have to return

Thank you Aleful for the reply but the problem with consular processing is when my mom's petition opens,either my h1b application would be pending(in which case i can't return to usa if i somehow my application is not accepted under cspa or some other problem occurs) or i would be on h1( in this case also, if i m rejected under my mom's peteion, i have to go to same embassy again for getting my h1 stamped which is again very diff as they have got a very good reason to reject) so conlusion is i can't leave usa & now as u said i cant file for aos. but in form I485 it says "Ifspouse or child is in US the individual derivative may file for I485 with i485for principal applicant or file I485 any time after principal applicant isapproved, if visa number is available".

So i thought

Can i File I485 after my mom gets visa under the same petition that my aunt filed or my mom will hve to file again under f2 category & i will continue my stay on h1 ??

I know consular processing is better than goin for f2a but if something goes wrong than my h1 & job will also go.

Aleful or anyone please tell me your views because its all too complicated :(