Can Adjustment of Status be Pending On I-130 F3 Category?

[eternalvisa 0]

We have just been petitioned under I-130 F3 Category. I am Over 21 married with children. My father filed both the I-485 and I-130 concurrently. We haven't received any sort of notice. I know there are limited visa numbers for people in my group, and I understand now that because of that reason the I-485 wont be approved

But my question is, : -

1) How long after filing both the I-130 and I-485 will we get some sort of notice?

2) Will I atleast get a NOA 1 for the I-485?

3) Would my I-130 be affected in any way?

4) If I do get a NOA 1 for my I-130 and I-485, does that mean im on AOS pending status? And if I am on pending status, can we stay in USA until a Visa number is available or until the I-485 is denied?

Shall Appreciate Any Sort Of Help/Expert Oppinion

Edited June 20, 2009 by eternalvisa

[Bobby+Umit 161]

We have just been petitioned under I-130 F3 Category. I am Over 21 married with children. My father filed both the I-485 and I-130 concurrently. We haven't received any sort of notice. I know there are limited visa numbers for people in my group, and I understand now that because of that reason the I-485 wont be approved

But my question is, : -

1) How long after filing both the I-130 and I-485 will we get some sort of notice?

Time varies.

2) Will I atleast get a NOA 1 for the I-485?

Probably, NOA would acknowledge they received it.

3) Would my I-130 be affected in any way?

No, I have seen posts here that show the 130 approved, and the 485 rejected.

4) If I do get a NOA 1 for my I-130 and I-485, does that mean im on AOS pending status? And if I am on pending status, can we stay in USA until a Visa number is available or until the I-485 is denied?

Somewhat correct. Until they either reject it or accept it, you can stay in the US. However, if they reject the 485, and you no longer have a authorized stay (for example 6 month visitors visa), you will have to leave the US within a certain amount of time (30 days or so).

With that said, looking over other posts here, you will probably have a tough time getting it approved(485) - good luck! Make sure you come back and update the forum with your status (good/bad) to help others!

Shall Appreciate Any Sort Of Help/Expert Oppinion

[eternalvisa 0]

Bobby, thank you so much for your detailed reply, it is extremely appreciated. I have few more questions though:

1) Will USCIS make a decision on the I-485 after the I-130 is approved or before? (I feel they should look at my I-485 after my I-130 is approved. If that be the case I should be able to legitimately stay and work in the US till my I-130 is approved and a decision is made on my I-485. Do you agree? I feel so because: the I-485 needs a visa number to be available to be approved and a visa number cannot be available till the I-130 is approved, so looking at the I-485 until the I-130 is approved does not make much sense. )

2) How long will it take to get a decision on my I-485 after I get the NOA 1? I have only 5 months remaining on my visitor visa. Do you think a decision on my I-485 can come within these 5 months.

3) If i get my NOA 1 for my I-485, then can my children go to school here and can i apply for a work permit for that time?

[TayRivers 4]

Bobby, thank you so much for your detailed reply, it is extremely appreciated. I have few more questions though:

1) Will USCIS make a decision on the I-485 after the I-130 is approved or before? (I feel they should look at my I-485 after my I-130 is approved. If that be the case I should be able to legitimately stay and work in the US till my I-130 is approved and a decision is made on my I-485. Do you agree? I feel so because: the I-485 needs a visa number to be available to be approved and a visa number cannot be available till the I-130 is approved, so looking at the I-485 until the I-130 is approved does not make much sense. )

2) How long will it take to get a decision on my I-485 after I get the NOA 1? I have only 5 months remaining on my visitor visa. Do you think a decision on my I-485 can come within these 5 months.

3) If i get my NOA 1 for my I-485, then can my children go to school here and can i apply for a work permit for that time?

Please go back and read the other post you had on friday. As you are in the visa category of F3 there is no visa available for you and it will take 8 -10 years before one is available. You can not file for AOS until a visa is available so the AOS you filed for will be denied.

You have no legal way to remain in the US and you must leave before the expiry of your I-94.

[TayRivers 4]

Here is you post from yesterday. the answer will be the same no mater where or when you post the question.

http://www.visajourney.com/forums/index.ph...p;#entry3043174

Bottom line is that you can not remain in the USA until a visa number is available and you can not work in the USA without a greencard or EAD, both of which you do not qualify for at this time.

[eternalvisa 0]

Thank you for your time and answer. Could anyone else offer their oppinions on my questions.

[milimelo 4,486]

Here is you post from yesterday. the answer will be the same no mater where or when you post the question.

http://www.visajourney.com/forums/index.ph...p;#entry3043174

Bottom line is that you can not remain in the USA until a visa number is available and you can not work in the USA without a greencard or EAD, both of which you do not qualify for at this time.

I agree, the OP can NOT remain in the US beyond their I-94 date. There is not adjustment of status if your visa number is not current.

[Ed+Cindy 1]

Thank you for your time and answer. Could anyone else offer their oppinions on my questions.

What, are you hoping someone says, "Yes, you can stay here" ???

If you wish to immigrate to this or any other country, please follow the legal process.

If you do stay past your I-94 date, you will end up with a ban of either 3 years, 10 years or lifetime from the US. This will affect your F3 immigration petition.

[NArocks 13]

Thank you for your time and answer. Could anyone else offer their oppinions on my questions.

Yes I can, The answer is still NO you can not adjsut as you are not an immedite relative, if you overstay it will be even worse.

[Chica Yeyé 41]

Repeat after me:

NO you cannot adjust status. Overstay is dangerous

NO you cannot adjust status. Overstay is dangerous

NO you cannot adjust status. Overstay is dangerous

NO you cannot adjust status. Overstay is dangerous

NO you cannot adjust status. Overstay is dangerous

[Ed+Cindy 1]

The OP here is a perfect example of why people from Pakistan have a hard time getting B visas.

Everyone who cannot get a B visa from Pakistan for themselves or their loved one should blame people like this OP. He is ruining it for honest people by not wanting to leave when his stay is up.