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Timona

AOS by continuing Consulate I-130 in US? Is it possible?

By Timona in Adjustment of Status from Work, Student, & Tourist Visas

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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I know an individual can continue a process by submitting I-485, BUT if the initial I-130 was submitted while in US.

 

Can someone submit I-130, say while in Kenya, come over on B2 then switch to AOS by continuing the process through I-485 WITHOUT filing a new I-130? I'm trying to understand something here.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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SalishSea Grand Master

SalishSea   17,819

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Filed: Lift. Cond. (apr) Country: New Zealand
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31 minutes ago, Timona said:

I know an individual can continue a process by submitting I-485, BUT if the initial I-130 was submitted while in US.

 

Can someone submit I-130, say while in Kenya, come over on B2 then switch to AOS by continuing the process through I-485 WITHOUT filing a new I-130? I'm trying to understand something here.

No.  It is illegal to enter on a B2 with the intent to adjust status.

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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Filed: Citizen (apr) Country: Haiti
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39 minutes ago, Timona said:

I know an individual can continue a process by submitting I-485, BUT if the initial I-130 was submitted while in US.

 

Can someone submit I-130, say while in Kenya, come over on B2 then switch to AOS by continuing the process through I-485 WITHOUT filing a new I-130? I'm trying to understand something here.

No. That is immigration fraud (think about it..everyone would do that to “bypass” their interview:the wait time). File the I-130 and wait for an interview in Kenya. The spouse can VISIT (if they have a valid B2) but entering with the intent to adjust status is fraud. Good luck on your journey.

Our K1 Journey    I-129f

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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No. This is not my case. I used Kenya as an example. 

OP stated her MIL came over on B2, overstayed and want to continue with AOS but on the I-130 that was filed at consular. So, yes, Thales said individual is already here. 

 

My question was is it possible to be here on B2, overstay and then continue to AOS by filing I-485 without filing another I-130?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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