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Otolaw

To Stay or Leave US after filling I-130

By Otolaw in USCIS Service Centers

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8 posts in this topic

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Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

Leave. You have to attend the medical and interview in your country anyway. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Abies Experienced

Abies   1,713

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted
46 minutes ago, Otolaw said:

I am currently in US for a visit to my daughter with a visiting visa and my visiting visa is about to expire. But she has filled I-130 (Green Card) for me since Feb. 2017. My question is should i leave or stay till my USCIS decide on my case?

Please Leave before it expires to avoid visa overstay(ineligibility)which will be a huge problem at your Visa Interview.

dwheels76 Grand Master

dwheels76   5,469

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Do not risk it and stay. It takes 12 to 15 months for I-130 petition from a US citizen for spouse or parent. You leave at least you can come back and visit. Keep that door open.

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
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3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
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alishkainthecity Newbie

alishkainthecity   0

Posted
Filed: AOS (pnd) Country: Bulgaria
 Timeline
Posted

My husband came on a visiting visa and once married we filed the paperwork for Adjustment of Status. Our lawyer told us that he should not leave the country because once he left he wouldn't be allowed back in until the paperwork is completed which takes a long time. He's still there, but his status is "pending Adjustment of Status." If I were you, I would ask a lawyer about your paperwork and if you should leave since you have filed. 

Unshakable Faith Proficient

Unshakable Faith   493

Posted
Filed: AOS (pnd) Country: Nigeria
 Timeline
Posted (edited)
5 hours ago, alishkainthecity said:

My husband came on a visiting visa and once married we filed the paperwork for Adjustment of Status. Our lawyer told us that he should not leave the country because once he left he wouldn't be allowed back in until the paperwork is completed which takes a long time. He's still there, but his status is "pending Adjustment of Status." If I were you, I would ask a lawyer about your paperwork and if you should leave since you have filed. 

Spouses and parents are very different with different immigration laws. 

 

OP, go home and don't overstay.   You'll risk your future in the US.

Edited by Unshakable Faith

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

Devon&Julius Contributor

Devon&Julius   21

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

DO NOT over stay. I see your country appears to be NIGERIA. The immigration process is naturally harder on African countries. Sad but true. Dont risk it. Also once you go back you may not be allowed to visit again once they see you are processing family visa. It's just the truth. Sorry to bring the bad news but you need to know the risk you are taking if you overstay. They could ban you and deny your petition. Especially coming from Africa. Go home and wait it out for the best results.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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