Help with an I-130 case!

[Daltonbg 0]

I am currently in the US and I am going throught the I-130 process, my case is almost done and I still have some time till my 6 months tourist visa stay ends. 

I want to know if I can stay here for good if my process is approved while I stay here in the US. 

I heard that this is possible, but I have no secure information, can someone explain me if that's actually possible?

[Duke & Marie 1,389]

1 hour ago, Daltonbg said:

I am currently in the US and I am going throught the I-130 process, my case is almost done and I still have some time till my 6 months tourist visa stay ends. 

I want to know if I can stay here for good if my process is approved while I stay here in the US. 

I heard that this is possible, but I have no secure information, can someone explain me if that's actually possible?

Your i130 needs to be approved and your PD needs to be current for you to be able to apply for AOS before your tourist visa expires in order for you to be able to stay within status..

 

if you entered on a 6 month visa and submitted i130 on arrival, I find it highly unlikely that the i130 would be approved in less than 6 months.. chances are you’ll need to leave, or you’ll be out of status. 

 

You are not married to a USC therefore you are not forgiven for any overstay, and must leave before your tourist visa expires if you have not submitted AOS application by that time. 

 

what is your PD for i130? Please fill out timeline, it helps others to assist. 

Edited December 17, 2019 by Duke & Marie

[Daltonbg 0]

8 hours ago, Duke & Marie said:

Your i130 needs to be approved and your PD needs to be current for you to be able to apply for AOS before your tourist visa expires in order for you to be able to stay within status..

 

if you entered on a 6 month visa and submitted i130 on arrival, I find it highly unlikely that the i130 would be approved in less than 6 months.. chances are you’ll need to leave, or you’ll be out of status. 

 

You are not married to a USC therefore you are not forgiven for any overstay, and must leave before your tourist visa expires if you have not submitted AOS application by that time. 

 

what is your PD for i130? Please fill out timeline, it helps others to assist. 

I received my notice in october of 2018! That's why I am saying my I-130 will soon be approved! If it is approved while I am here, what do I need to do? It is legal, right? 

 

What PD would be? Sorry I am new in here and I dont really know how this all works!

[Duke & Marie 1,389]

55 minutes ago, Daltonbg said:

I received my notice in october of 2018! That's why I am saying my I-130 will soon be approved! If it is approved while I am here, what do I need to do? It is legal, right? 

 

What PD would be? Sorry I am new in here and I dont really know how this all works!

PD= Priority Date... once i130 is approved, you need to check the most resent visa bulletin, if your f2a PD is current, then yes you can adjust and remain in country.. if it isn’t approved or current then you need to leave prior to your tourist visa expiring. 

[SusieQQQ 11,586]

All F2A is current at present (though is expected to retrogress next year)

I thought though that i130 approvals for F2A were taking around 2 years?  Seems to be a problem with the relevant uscis site so I can’t check on that now.

[Daltonbg 0]

9 minutes ago, SusieQQQ said:

All F2A is current at present (though is expected to retrogress next year)

I thought though that i130 approvals for F2A were taking around 2 years?  Seems to be a problem with the relevant uscis site so I can’t check on that now.

It seems that 50% of the I-130 cases that were requested around the time I did, will be approved until the end of the year. Thats what the USCIS website says tho! 

[SusieQQQ 11,586]

1 hour ago, Daltonbg said:

It seems that 50% of the I-130 cases that were requested around the time I did, will be approved until the end of the year. Thats what the USCIS website says tho! 

Really, where do you see that?

Do you know what service center yours is at?

[Just Paul 4,595]

14 hours ago, Daltonbg said:

my case is almost done

Has USCIS told you that?   Realize the it is the Department of State that issues the Visa and that is where the priority date is relevant.  If the USCIS has not adjudicated the case yet the PD does not really matter.

 

 

[Daltonbg 0]

At the USCIS website. They make an estimation of how long is going to take and update it every mid of the month! I just called the USCIS and my case was actually approved 2 days ago. 

[Quarknase 1,072]

Lots of when's and if's.

 

Approval of I-130 does NOT allow you to stay. This must be very clear to you as overstay is not forgiven for spouses of LPR.

Having that said - IF the petition gets approved while your tourist visa still has some time AND the PD for F2A is current at that time, you are eligible to file I-485 for Adjustment of Status. Upon acceptance (receipt notice), you are granted authorized stay while the petition is pending. You will not be able to leave and RETURN to the US during this time, unless you file I-131 with the I-485 and get approval of advance parole before you leave the country.

 

I personally recommend to not do this, if the end of the visa is near. If your I-485 acceptance date is past the visa expiration date, you have accrued overstay. 

 

[SusieQQQ 11,586]

All PDs for F2A are current right now. That said, the poster above is right, it makes little sense to adjust given the I485 timeframes and limitations- you can’t work yet for 4-6 months till you get an ead for example  - and you’ll almost certainly  get your green card faster, possibly by months,  going home and doing consular processing. Then land with your immigrant visa and you can work etc from day 1 after that. 

 

 

Edited December 18, 2019 by SusieQQQ

[igoyougoduke 1,656]

18 hours ago, Daltonbg said:

I am currently in the US and I am going throught the I-130 process, my case is almost done and I still have some time till my 6 months tourist visa stay ends. 

I want to know if I can stay here for good if my process is approved while I stay here in the US. 

I heard that this is possible, but I have no secure information, can someone explain me if that's actually possible?

i would not overstay . File I-824 for consular processing once I-130 is approved and than get the immigrant visa at the consulate.