F2a Timing to Submit 1-130

[gossamer 1]

I just received my visa stamp, but still have not entered the US (will do this in the next 30 days).  Is there a time on when I could petition for my child, start the filing of the i-130? Meaning do I need to wait to enter US first then apply for the F2a, specifically starting the i-130 or can I do that before entering the US?

[aaron2020 11,651]

You have to wait until you enter the US and gain permanent residency before you can file an I-130 for your child.  You are not a green card holder until you enter the US on your immigrant visa.  

[gossamer 1]

8 minutes ago, aaron2020 said:

You have to wait until you enter the US and gain permanent residency before you can file an I-130 for your child.  You are not a green card holder until you enter the US on your immigrant visa.  

I received a IR5 visa.  So I do have a i551 stamp, do I still need to wait as you commented?

[Crazy Cat 42,028]

8 minutes ago, gossamer said:

I received a IR5 visa.  So I do have a i551 stamp, do I still need to wait as you commented?

A visa does not convey status until the visa holder actually enters the US......Once you enter the US, you will attain status as a legal resident.  Only then, can you petition someone.

Edited August 21, 2021 by Crazy Cat

[aaron2020 11,651]

27 minutes ago, gossamer said:

I received a IR5 visa.  So I do have a i551 stamp, do I still need to wait as you commented?

You do not have an I-551 stamp since your immigrant visa has not been used and endorsed by CBP.  You are not a green card holder yet.  Yes, you need to wait until you become a green card holder by entering the US with your immigrant visa BEFORE you can file a petition as a green card holder.  

[SusieQQQ 11,587]

35 minutes ago, gossamer said:

I received a IR5 visa.  So I do have a i551 stamp, do I still need to wait as you commented?

No, you don’t. If you read the sentence properly it only becomes an i551 when endorsed. You need to enter the US for it to be endorsed. 

[gossamer 1]

On 8/21/2021 at 2:12 PM, aaron2020 said:

You have to wait until you enter the US and gain permanent residency before you can file an I-130 for your child.  You are not a green card holder until you enter the US on your immigrant visa.  

Thank you for the clarification.

[SusieQQQ 11,587]

5 minutes ago, gossamer said:

Thank you for the clarification.

On the other hand, as soon as you enter you become a LPR. You can literally sit down in the airport right after getting your passport stamped and file the i130 online.

[gossamer 1]

1 minute ago, SusieQQQ said:

On the other hand, as soon as you enter you become a LPR. You can literally sit down in the airport right after getting your passport stamped and file the i130 online.

Thats was the confusion.  I can enter the information on the i130 right now online.  But I realize now I  need to pass through and get the stamp.

 

Thank  you for all the help, everyone.

[Chancy 6,243]

12 hours ago, gossamer said:

I can enter the information on the i130 right now online.  But I realize now I  need to pass through and get the stamp.

 

Yes, you may create a draft of the I-130 online right now.  But until you enter the US and get that CBP entry stamp, you cannot submit as the I-130 requires that you upload proof of your LPR status.