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Lmb81

B2 visa with a pending I-130 petition

By Lmb81 in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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Lmb81 Newbie

Lmb81   0

Posted
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Posted

Hello,

 

I would truly appreciate it if someone would enlighten me on what to do. 

 

I have a valid B2 visa and I am currently in the US right now. I met my husband online last year and after several visits, we decided to get married last Dec. 2017. I went back to my home country in Jan 2018 to end my contract at work while

my USC husband filed for the I-130. I came back here in the US last April (still on a B2 visa). One visa consultancy agency suggested for us not to file for Adjustment of Status and wait out the entire process of the I-130, one immigration consultancy agency suggested it is better for me to overstay and adjust my status in the future (which is ridiculuous!) and one agency suggested to file for Adjustment of status. 

 

My husband and I are both confused and overwhelmed by contradicting suggestions and recommendations.

 

Should we go and file for adjustment of status? 

 

 

Roel Experienced

Roel   7,193

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

If you already have pending I-130, I suggest you wait. At this point it would be a waste of money and time to file for AoS.

Edited by Roel

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. 

 

 

debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

as Roel said, if you have a pending CR1 petition, wait it out.

 

If you had stayed after you married, you could have filed directly for AOS, but at this point it would just be a waste of money and time, as the CR1 will be completed (you have maybe 6-8 months to go if all goes smoothly) before the AOS (over a year possibly) would.

Edited by debbiedoo

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

Lmb81 Newbie

Lmb81   0

Posted
Timeline
  • Author
Posted

Thanks guys for your reply. Just a clarification, I went back home to finish my work contract and that took me 4 months. As soon as I left the US, he filed the I-130 petition right away. After my contract, I went back to the US with my B2 visa. I didnt have any trouble with immigration although I came prepared with documents. 

 

Last Tuesday I called USCIS and I was advised to apply for AoS. 

 

Still confused though. 

TBoneTX Grand Master

TBoneTX   46,125

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

Thread is moved from the K-3 Case Progress subforum to the CR-1 Case Progress subforum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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