Filling out l-130, I-485 with a visitor visa while in USA

[kc008 0]

Hello all,

New user here - I've found the forum searching on the web as I've got some doubts. Hopefully someone can help me.

I'm on a visitor visa, my mother is a PR and she decided to fill out I-130 form together with I-485 while I'm in USA. She called customer service center to verify if was eligible and submit both forms - they informed her that I can apply for the benefit, so package was sent to Chicago office.
They have cashed the check for l-130 application but we're a bit concern on form I-485 because before submitting this, we didn't know anything about the priority dates and thus the category that I am under (F2B)

Right now my question is if they already cashed I-130 fee and if application is approved - should I leave the country by then or before? If so, shall I be able to come with my visitor visa?

I would appreciate your help,

Thank you in advance,

K

Edited February 10, 2016 by kc008

[hari29 24]

First of all, just because USCIS cashed your check doesn't mean your I-130 is approved. It takes few months to a year depending upon what service center your application was sent to for I-130 approval.

Second, you can stay in USA on visitor visa as long as the time given on your passport ( max: 6 months) by the officer at the airport when you entered USA. You have to return before this date. If you don't return, you will be out of status aka Illegal. I-130 approval does not give you the permission to stay.

I don't know who said you can file I-485 along with I-130. Your priority date is not current and you are in a visitor visa. I am not sure what USCIS will do in this case. They may reject your I-485 and ask you to file again once your PD becomes current. Ask an immigration attorney. See the F2B PDs in the link below. If you just filed now, you have a long wait ahead.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-march-2016.html

Edited February 10, 2016 by hari29

[newacct 688]

Your I-485 will be rejected because a visa number is not available for your category for your priority date (and won't be available for 6-7 years).

A pending I-130 does not give you any ability to stay in or enter the US.

[aleful 1,905]

hi

as said, you don't qualify to adjust status in the US, your mom wasted all that money, the adjustment of status will be denied

it takes many years for a visa to become available, you will go through consular processing in your country

you can visit but never overstay

[kc008 0]

Hi again,

Thank you for your answers, all the information is really appreciated. It seems that I will have to go through consular processing in my home country as someone mentioned above and wait till my PD is current.

Thanks everyone!

K