i130, i485 filed last year - exploring a path forward

[iwannaplay54 985]

17 hours ago, sahihe said:

Thanks everyone for the help so far. To explore the options further...

 

option A: Wait for i131 to get approved and then travel.

Currently the wait time for i131 processing from NBC is 11.5 months. Is this counted from i131 filing (filed along with i486 in May, 2022) or i130 filing (Feb, 2022). The i485  has a priority date of Feb, 2022 (due to concurrent filing).

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

In case the i131 approval does not come through soon enough, could I switch to counselor processing before i130 is approved. I'm sure the overstay would need to be explained during the counselor processing. Is there a good chance of counselor processing succeeding, or is it a straight decline due to the the overstay. They've traveled on visitor visa for 20+ years without a single day of overstay.

 

And lastly, my DIY misadventure has already caused enough anxiety, so if someone has a suggestion for an immigration lawyer I'd appreciate that.

You have option A only.  Unless you want to have christmas dinner with your parents in the sunny utopia of India for the next 10 years.  Even honest K1’s who follow the rules to the T have to  grit their teeth and ride it out. 

 

So we need to get a couple things out of the way.

 

You have admitted here on a public forum that you researched and planned to have them enter to adjust from a visit visa before they arrived. 
 

This is not what this forum is for and here is not the place to get help for that. 

Edited February 5, 2023 by iwannaplay54

[sahihe 0]

2 hours ago, iwannaplay54 said:

You have admitted here on a public forum that you researched and planned to have them enter to adjust from a visit visa before they arrived. 
 

That is not true and I didn't say that anywhere. That said, I appreciate your help with the suggestion of option A.

[iwannaplay54 985]

20 hours ago, sahihe said:

I spent a bunch of time researching how to do this 

Sounds like you did right here.  Not a suggestion.  Your only choice is stay the course or plan to visit them in India.

 

 Nobody leaves for a “vacation” then never goes back unless it was planned.

Good luck

Edited February 5, 2023 by iwannaplay54

[Chancy 6,239]

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