Adjustment of Status of I-130 F3 (Married Son or Daughter Over 21) on Visit Visa

[eternalvisa 0]

Im in USA on a Visit Visa (b1/b2). My father has filed an I-130 petition for me and I come under category F3 (Married Son or Daughter Over 21). I have already received my NOA 1 and now im just waiting for my approval/priority date to become current. My 2 children(aged 14 and 17) are here with me in the US. If I could apply for adjustment of status on the basis of my pending I-130; so it would be the same as filing it concurrently. To do that, i know all i have to do is file I-485 with a copy of the NOA 1. If i did file my I-485 and EAD together with a copy of the NOA 1, would my status become AOS pending? and if it did, could me and my 2 children stay in USA on an AOS pending status till my I-130 is approved? Also, how soon can I get work authoriztion after filing? Most importantly could my children (aged 14 and 17) study in the USA on an AOS pending status? Would this affect the I-130 that was already filed in any way?...

Need Urgent Help Since Time Is Limited..

[TayRivers 4]

Im in USA on a Visit Visa (b1/b2). My father has filed an I-130 petition for me and I come under category F3 (Married Son or Daughter Over 21). I have already received my NOA 1 and now im just waiting for my approval/priority date to become current. My 2 children(aged 14 and 17) are here with me in the US. If I could apply for adjustment of status on the basis of my pending I-130; so it would be the same as filing it concurrently. To do that, i know all i have to do is file I-485 with a copy of the NOA 1. If i did file my I-485 and EAD together with a copy of the NOA 1, would my status become AOS pending? and if it did, could me and my 2 children stay in USA on an AOS pending status till my I-130 is approved? Also, how soon can I get work authoriztion after filing? Most importantly could my children (aged 14 and 17) study in the USA on an AOS pending status? Would this affect the I-130 that was already filed in any way?...

Need Urgent Help Since Time Is Limited..

When did your father file the I-130. Once the I-130 is approved you then have to wait for a visa to become available at the moment it is taking about 8 -10 years for category F3 to get a visa to enter the US. so unless your father filed the I-130 many years ago you still have a long wait infront of you. You can not remain in the USA until a visa is available you will need to depart the US before your authorized stay expires.

You can see the wait times for your category here http://travel.state.gov/visa/frvi/bulletin...letin_4512.html

[eternalvisa 0]

If i did file the AOS, what would happen to it, wouldnt it just become pending till the i 130 is approved???? because isnt this the same as filing it concurrently.

Edited June 19, 2009 by eternalvisa

[TayRivers 4]

If i did file the AOS, what would happen to it, wouldnt it just become pending till the i 130 is approved???? because isnt this the same as filing it concurrently.

You can not file for AOS until a visa is available to you and that will take years. There is no way for you to remain in the US until that time. If you do try to remain here you will be here illegally and that could have a bad effect on you getting a visa in the future.

You need to leave the US before the expiry date on your I-94.

[Bobby+Umit 161]

If i did file the AOS, what would happen to it, wouldnt it just become pending till the i 130 is approved???? because isnt this the same as filing it concurrently.

If there isn't a visa available for you (or not eligible to AOS) they will deny the 485 and you would have to return home (even if the 130 gets approved).

[eternalvisa 0]

i see,,, i dont understand how come they let you file concurrently in the beginning then, because i will have a visa number available when the i 130 is approved, so wouldnt it just stay pending till then

[eternalvisa 0]

im saying this because this is the way im looking at it: Imagine if i was in the F1 category and i filed I-130 F1 concurrently with i-485(AOS).... im sure the I-485 would stay pending till the I-130 F1 was approved... and after the I-130 F1 is approved then a visa number would be available to me and then that visa number would be used for the I-485....

looking at it that way, now that im in the F3 category, and if i file the I-485, looking at the the procedure that I-130 (F1) followed; when the AOS is filed concurrently with I-130 F3, the I-485 (AOS) should just stay pending till the I-130 is approved and a visa number is available... if AOS is filed concurrently with I-130; the only difference between F1 Category and F3 Category should be the I-485 AOS pending times...

Edited June 19, 2009 by eternalvisa

[TayRivers 4]

i see,,, i dont understand how come they let you file concurrently in the beginning then, because i will have a visa number available when the i 130 is approved, so wouldnt it just stay pending till then

Please tell me how you will have a visa number once the I-130 is approved? When was the I-130 filed? you say your category is F3 is that what it says on the I-130 NOA1. On that form it will tell you what your priority date is. you need to give us the dates of when things were filled so we can give you the correct information about your case.

[eternalvisa 0]

sorry, i didnt think it would make a difference if posted or not.... the priority date is May 2006, definitely F3 Category, California Service Center...

thanks soo much for the quick replies

Edited June 19, 2009 by eternalvisa

[TayRivers 4]

im saying this because this is the way im looking at it: Imagine if i was in the F1 category and i filed I-130 F1 concurrently with i-485(AOS).... im sure the I-485 would stay pending till the I-130 F1 was approved... and after the I-130 F1 is approved then a visa number would be available to me and then that visa number would be used for the I-485....

looking at it that way, now that im in the F3 category, and if i file the I-485, looking at the the procedure that I-130 (F1) followed; when the AOS is filed concurrently with I-130 F3, the I-485 (AOS) should just stay pending till the I-130 is approved and a visa number is available... if AOS is filed concurrently with I-130; the only difference between F1 Category and F3 Category should be the I-485 AOS pending times...

If you were to file a AOS now it would be denied as you do not have a visa number available. The process for bringing a Adult married child to the US is as follows.

Parent files I-130 to USCIS

NOA1 received for the I-130

I-130 is held until 6 months before a visa number is likely to become available, This will take between 8-10 years

The I-130 is then processed and if approved it is the forwarded to NVC

NVC assign a case number

Parent is then sent Affidavit of support fee bill

Affidavit of support is sent to NVC

Married child is send DS3032 Choice of agent forms

DS3032 is sent to NVC

DS230 Immigrant vissa application fee bill is sent to the agent

DS230 is sent to NVC

NVC complete the case review

Case is sent to the Embassy in the childs home country

Interview and medical is done in the home country

If Visa is approved then visa is issued to the immigrant

You travel to the USA and enter the US as a Permanent Resident.

YOU CAN NOT REMAIN IN THE US UNTIL A VISA IS AVAILABLE.

sorry, i didnt think it would make a difference if posted or not.... the priority date is May 2006, definitely F3 Category, California Service Center...

thanks soo much for the quick replies

A visa number is not going to be available for you until 2014 at the very earliest it could be 2016 or later. Again you can not remain in the US until then.

[TBoneTX 44,931]

A recent post has been:

-- split from this old thread,

-- moved to the "Bringing Family Members of US Citizens to America" forum, and

-- given the thread title "Timing of AOS / U.S. or Canada? [split topic]."

This thread from 2009 is now closed to further comments.

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