refile the I-130 while visiting the US

[vag 0]

Hello Everyone!

My wife is an American citizen and we filed the I-130 from abroad 3 months ago.
In the meanwhile she moved to the US and started a new job.
I came with her to the us with my European passport for 3 months to help her.
I need to go back in a month and a half, because my visa expired and because I need to finish the green card process in my country.

Can we refile the I-130 and add the I-485 while I am visiting in the US?
If so- Does it mean that I can stay with her? How long would it take me to get work permission?

Thanks a lot!

[mary81 2]

Hello Everyone!

My wife is an American citizen and we filed the I-130 from abroad 3 months ago.

In the meanwhile she moved to the US and started a new job.

I came with her to the us with my European passport for 3 months to help her.

I need to go back in a month and a half, because my visa expired and because I need to finish the green card process in my country.

Can we refile the I-130 and add the I-485 while I am visiting in the US?

If so- Does it mean that I can stay with her? How long would it take me to get work permission?

Thanks a lot!

What have you told the officers at the POE? Did you tell them you are visiting your USC wife? and they let you in - Sure there is waiver for USC spouse and you can apply for I-130 - I-485 and all in the US, However you will be investigated since according to you, You are overstayed . If you did not disclose your wife and just entered into U.S. as a visitor then you are breaking the law by misrepresenting false statement to guys at the border and that has consequence (S).

good luck

[NigeriaorBust 4,087]

Your already filed I130 is probably nearly half done, if you try to change paths now and are denied you would have to restart all over and not use vwp during your wait. You have such easy access to seeing your wife no need to try to take risky shortcuts

[mary81 2]

Your already filed I130 is probably nearly half done, if you try to change paths now and are denied you would have to restart all over and not use vwp during your wait. You have such easy access to seeing your wife no need to try to take risky shortcuts

Nageria - He is stating that he is overstayed - I assume that is what he is indicating to. If that is the case he has to file waiver to adjust status in the U.S. If he overstayed leaving U.S. and follow with I-130 from abroad things are going to get tricky or they might ban him for a while.

[vag 0]

What have you told the officers at the POE? Did you tell them you are visiting your USC wife? and they let you in - Sure there is waiver for USC spouse and you can apply for I-130 - I-485 and all in the US, However you will be investigated since according to you, You are overstayed . If you did not disclose your wife and just entered into U.S. as a visitor then you are breaking the law by misrepresenting false statement to guys at the border and that has consequence (S).

good luck

The officer didn't ask me what is the purpose of my visit and I have month and a half before my visa expires.

I planned to go back to my country and proceed to process from there.

If technically I'm allow to file the document again from the US, Does it mean that I can stay here? How long would it take me to get work permission?

[mary81 2]

The officer didn't ask me what is the purpose of my visit and I have month and a half before my visa expires.

I planned to go back to my country and proceed to process from there.

If technically I'm allow to file the document again from the US, Does it mean that I can stay here? How long would it take me to get work permission?

If you have legal status in the U.S and you are married to a U.S citizen you are allowed to AOS in the U.S. You have to do it asap. You can not leave the country until you receive a decision from USCIS which can take up to 10 months . If you really want to go back to finish up staff back then you can do that too but it might take a little longer and ofcours away from loved ones are another thing to consider. The best way is make an infopass asap take a copy of your I-130 filed before and ask if you can send that with your AOS file or you have to file another one, This is absolutely depends on USCIS.

good luck

[NigeriaorBust 4,087]

Did your wife use a US or a foreign address when she filed ? Sometimes foreign filed I130's process faster than domestic ones which means you may be almost done.

[Darnell 8,479]

so, you're asking, if'n it's OK if you file an adjustment of status case, now.

Right?

[newacct 688]

Hello Everyone!

My wife is an American citizen and we filed the I-130 from abroad 3 months ago.

In the meanwhile she moved to the US and started a new job.

I came with her to the us with my European passport for 3 months to help her.

I need to go back in a month and a half, because my visa expired and because I need to finish the green card process in my country.

Can we refile the I-130 and add the I-485 while I am visiting in the US?

If so- Does it mean that I can stay with her? How long would it take me to get work permission?

Thanks a lot!

Why do you think you need to re-file if you've already filed it? Just use the one you filed and file I-485. If you file I-485 you can stay with her. You will file for EAD (work permission) and AP (for travel) at the same time as I-485. It takes 3 months to get it.

according to you, You are overstayed .

He said his visa expired. He did not say he overstayed.