Once I-130 approved, how much time do you have before approval expires

[ams612 0]

Appreciate any insight on this issue facing my husband...

His father (a U.S. citizen) submitted an I-130 Petition for Alien Relative on his behalf in 2010. In the meantime, we met and got married and his application was changed to 'Married Child over 21' (I am also a U.S. citizen). At the time we were living in the UK and have since relocated to Asia. With the move to Asia we have no plans to move to the U.S. for at least 2 years.

I am trying to find out what his options are if in fact his I-130 is approved and he receives the I-797 notice of approval in the next year or so. I believe from what I have read he would have a year to apply for his I-485 before the I-130 approval expires?

If he lets the approval expire, would this reflect negatively on future visa applications?

[haljbr 4]

Your PD priority date must be current.

You can check if is current through here:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

[aaron2020 11,651]

Appreciate any insight on this issue facing my husband...

His father (a U.S. citizen) submitted an I-130 Petition for Alien Relative on his behalf in 2010. In the meantime, we met and got married and his application was changed to 'Married Child over 21' (I am also a U.S. citizen). At the time we were living in the UK and have since relocated to Asia. With the move to Asia we have no plans to move to the U.S. for at least 2 years.

I am trying to find out what his options are if in fact his I-130 is approved and he receives the I-797 notice of approval in the next year or so. I believe from what I have read he would have a year to apply for his I-485 before the I-130 approval expires?

If he lets the approval expire, would this reflect negatively on future visa applications?

Approval of the I-130 is only the first step. Your husband needs to wait for his Priority Date to be current to file for an immigration visa. Currently in his category, cases with PDs before April 15, 2003 are eligible to apply for visas. So, it's probably another 7-8 years before your husband can even apply for an immigration visa.

He would only file the I-485 to adjust status if he is physically in the US.

The I-130 approval does not expire. You are confusing that with the requirement to timely pursue the case after the PD becomes current.

[apple21 953]

Appreciate any insight on this issue facing my husband...

His father (a U.S. citizen) submitted an I-130 Petition for Alien Relative on his behalf in 2010. In the meantime, we met and got married and his application was changed to 'Married Child over 21' (I am also a U.S. citizen). At the time we were living in the UK and have since relocated to Asia. With the move to Asia we have no plans to move to the U.S. for at least 2 years.

I am trying to find out what his options are if in fact his I-130 is approved and he receives the I-797 notice of approval in the next year or so. I believe from what I have read he would have a year to apply for his I-485 before the I-130 approval expires?

If he lets the approval expire, would this reflect negatively on future visa applications?

Since you're already married and YOU are a US citizen, you can file i130 for your husband once you're ready to move to the US or you can file DCF (if available in the country you're in). That will be faster than waiting for the i130 filed by his dad. Don't worry, it's okay to file a new/separate petition for your husband even if he already has an existing i130.