apply while in us

[talia1986 0]

anyone here applied while in US

[Roel 7,193]

Apply for what?

 

[talia1986 0]

apply for i 130 ?

spouse of permanent resident

[Roel 7,193]

1 minute ago, talia1986 said:

apply for i 130 ?

spouse of permanent resident

Just saying, forum members hate fishing for information.

 

So general answers only:

Yes, can apply from within US.

No, cannot wait for approval within the US.

[talia1986 0]

Thank you

[Unidentified 2,930]

The only way for us to actually help you is if you actually provide information. 

[StuBear65 68]

I filled out all my forms and submitted the I-130 package whilst visiting my wife in the US, we sent everything off while I was there, and then I flew home.

[Ben&Zian 4,398]

As mentioned, spouses' of LPR's can visit and apply from within the US; but they can't remain in the US unless under a legal status (B2, F-1, ect). Process for F2A is about two years. If the LPR spouses gains citizenship of the US they can notify USCIS and bump the petition up to CR/IR-1.

Edited September 14, 2018 by Ben&Zian

[talia1986 0]

I came here with b2 visa and applied for extension (pending) and then i Got accepted in a school so I applied for change of status (pending)

no I met someone and he proposed he is LPR so I don't know if we can get married and apply while i am here

i did wrong applying for change of status to F1 while here but it is what it is i feel trapped now

[TM92 527]

7 minutes ago, talia1986 said:

I came here with b2 visa and applied for extension (pending) and then i Got accepted in a school so I applied for change of status (pending)

Recently, most I-539 (extend/change of status) are being denied. If denied, any time between I-94 expiration and I-539 denial counts as overstay. When does your I-94 expire? Overstay is forgiven for immediate relatives of USCs. How long has he been a LPR? Has he considered to file for naturalization?

[geowrian 22,338]

You can marry fine. Your legal status likely won't persist until the PD of the I-130 becomes current. You must not overstay.

COS to F-1 is an unlikely and risky path, especially with a pending extension. F-1 status requires non-immigrant intent (i.e. intent to return home), which is going to be very difficult to show in your circumstances.

[talia1986 0]

11 minutes ago, TM92 said:

Recently, most I-539 (extend/change of status) are being denied. If denied, any time between I-94 expiration and I-539 denial counts as overstay. When does your I-94 expire? Overstay is forgiven for immediate relatives of USCs. How long has he been a LPR? Has he considered to file for naturalization?

my i94 expired already so my best shot to get the f1

he applied for naturalization but he got decision cannot be made and we no change in status for 5 weeks now

Edited September 14, 2018 by talia1986

[talia1986 0]

7 minutes ago, geowrian said:

You can marry fine. Your legal status likely won't persist until the PD of the I-130 becomes current. You must not overstay.

COS to F-1 is an unlikely and risky path, especially with a pending extension. F-1 status requires non-immigrant intent (i.e. intent to return home), which is going to be very difficult to show in your circumstances.

when I applied for it i had the intention to go home, I have been coming and leaving for 5 years , but now  I have to wait for the F1 ... and exactly what i am worried about is that getting married will result in denying the f1

[mushroomspore 3,044]

49 minutes ago, talia1986 said:

I came here with b2 visa and applied for extension (pending) and then i Got accepted in a school so I applied for change of status (pending)

no I met someone and he proposed he is LPR so I don't know if we can get married and apply while i am here

i did wrong applying for change of status to F1 while here but it is what it is i feel trapped now

Well if your change of status is granted, you can stay. But change of status from B2 to F1 can be tricky. From my limited research on it, CoS from B2 to F1 seem like they are rarely granted. You're allowed to marry if you want. I would mentally prepare for a denial, go home and then have your spouse file I-130. 

 

29 minutes ago, talia1986 said:

when I applied for it i had the intention to go home, I have been coming and leaving for 5 years , but now  I have to wait for the F1 ... and exactly what i am worried about is that getting married will result in denying the f1

Getting married does not really count against the F1. But you obviously have immigrant intent since you are considering marriage AND filing I-130. F1 is non-immigrant and requires you to return home after your studies are complete. That said, your change of status is likely to be denied and once it is, you are accruing unlawful presence. LPR spouses do not get to have their unlawful presence forgiven. If you dawdle after receiving the denial, you will be forced to wait until your now-fiance/future-spouse becomes a US citizen before he can petition you.

[talia1986 0]

9 minutes ago, mushroomspore said:

Well if your change of status is granted, you can stay. But change of status from B2 to F1 can be tricky. From my limited research on it, CoS from B2 to F1 seem like they are rarely granted. You're allowed to marry if you want. I would mentally prepare for a denial, go home and then have your spouse file I-130. 

 

Getting married does not really count against the F1. But you obviously have immigrant intent since you are considering marriage AND filing I-130. F1 is non-immigrant and requires you to return home after your studies are complete. That said, your change of status is likely to be denied and once it is, you are accruing unlawful presence. LPR spouses do not get to have their unlawful presence forgiven. If you dawdle after receiving the denial, you will be forced to wait until your now-fiance/future-spouse becomes a US citizen before he can petition you.

thanks