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Tekla78

Can an Approved I-130 beneficiary outside the USA come with a non-immigrant visa

By Tekla78 in Bringing Family Members of US Citizens to America

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Tekla78 Newbie

Tekla78   0

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Filed: Other Timeline
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Can an Approved I-130 beneficiary outside the USA enter with a non-immigrant visa, then proceed to file for a greencard (file a form I-485) or must it be an immigrant visa?

 

Background

 

I am a US citizen and my mom's I-130 was approved in 2022, but she is not in the US. The instructions are to file form I-824 to have her approval copied to the appropriate consulate to process her immigrant visa. That will cost $465 if I file before April 1 (seeing that fees will increase from that date). Then the consulate fowrad to us the next instructions. 

 

Because it is easier with myself handling it in the US, Is it possible for her to come on a non-immigrant visa and then file form I-485? The plan is to inform the US embassy abroad that we prefer continuing the process while she is the US. 

 

Please share your experience. 

 

 

 

 

 

 

 

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nastra30 Experienced

nastra30   2,287

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Filed: IR-1/CR-1 Visa Country: Ghana
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40 minutes ago, Tekla78 said:

must it be an immigrant visa?

This.

Your mother is currently not in the US so the only option is consular processing. The intent to come in and adjust is fraud, and it's against VJ TOS for anyone to suggest that.

File the I-824 and get it rolling.

Good luck.

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Crazy Cat Grand Master

Crazy Cat   41,898

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Filed: Citizen (apr) Country: Taiwan
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****OP has received accurate information for the question.  This topic is now locked to further comments as it borders on a prohibited topic***

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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