i130 approvd. Next steps
Jun 15th 2019, 7:22 pm
#1
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i130 approvd. Next steps
Hi all,
i797 of i130 petition being approved below. This was filed back in July 2018 when we didnt know parents would be in the US. As this is approved, they are in the US and will be for the next 2 months.
Do we have an option to adjust via AOS or would they have to attend the US consultate back home (London) ? Also, which one is the better router to take in terms of ease and length of process?
Thank you all for your help on this so far!
i797 of i130 petition being approved below. This was filed back in July 2018 when we didnt know parents would be in the US. As this is approved, they are in the US and will be for the next 2 months.
Do we have an option to adjust via AOS or would they have to attend the US consultate back home (London) ? Also, which one is the better router to take in terms of ease and length of process?
Thank you all for your help on this so far!
Jun 15th 2019, 7:54 pm
#2
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Location: Phoenix, Arizona
Posts: 58,679
Re: i130 approvd. Next steps
If your parents are ok with not leaving the USA until they have AP in hand (i.e. 5 months or so), then they can apply for AOS.
So far only one I-130 got approved? That parent can apply for AOS, but the other parent has to wait for their approved I-130 to do so.
my recommendation, though, is for them to return to the UK and do consular processing for immigrant visa. This means they enter the USA as a PR, and gives them time to wrap up their life in the UK.
Rene
So far only one I-130 got approved? That parent can apply for AOS, but the other parent has to wait for their approved I-130 to do so.
my recommendation, though, is for them to return to the UK and do consular processing for immigrant visa. This means they enter the USA as a PR, and gives them time to wrap up their life in the UK.
Rene
Jun 15th 2019, 8:01 pm
#3
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Re: i130 approvd. Next steps
If your parents are ok with not leaving the USA until they have AP in hand (i.e. 5 months or so), then they can apply for AOS.
So far only one I-130 got approved? That parent can apply for AOS, but the other parent has to wait for their approved I-130 to do so.
my recommendation, though, is for them to return to the UK and do consular processing for immigrant visa. This means they enter the USA as a PR, and gives them time to wrap up their life in the UK.
Rene
So far only one I-130 got approved? That parent can apply for AOS, but the other parent has to wait for their approved I-130 to do so.
my recommendation, though, is for them to return to the UK and do consular processing for immigrant visa. This means they enter the USA as a PR, and gives them time to wrap up their life in the UK.
Rene
Apprceciate the recommendations. Is there an expiry on the i130? Trying to figure out whether them going back in July is feasible or whether they should go back asap.
Yes only dad approved yet which was the more complicated RFE. Fingers crossed mums is ok too!
Jun 15th 2019, 9:00 pm
#4
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Location: Phoenix, Arizona
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Re: i130 approvd. Next steps
I think you have 1 year to take action on the approved I-130.
Rene
Rene
Jun 17th 2019, 4:01 am
#5
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Re: i130 approvd. Next steps
Thank you Noorah
Jun 17th 2019, 10:08 am
#6
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Posts: 9,561
Re: i130 approvd. Next steps
Unless the other I130 approval comes through prior to the expiration of the VWP the unapproved parent needs to leave. An overstay in this situation between VWP expiration and AOS filing would complicate matters.
Jun 17th 2019, 2:56 pm
#7
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Joined: Jan 2017
Posts: 246
Re: i130 approvd. Next steps
Not true. 1) The OP's parent is in the the Immediate Relative category, and does not need to be in status to file I-485, and being out of status before I-485 is filed, no matter the length of time, does not affect the I-485. And 2) They do not need to wait until I-130 is approved to file I-485. I-485 can be filed while I-130 is pending, if a visa number is available (and it is always available in this category).
