I-130 Approved, need advice

A

arto

Registered Users (C)
Hi All,
I found this forum and I'm truely overwhelmed by it size and capacity. I just got a notice on my case I'd really appreciate a comment on what it means, or what should I do now. Some background:

My wife - Permanent resident with Green Card, next year will became a citizen
Myself- Came legally on a J2 student visa, before it ended my wife (still as a GC holder ) filled I-130 for me. As of Right now I'm "pending" on my status for 2 years.

SITUATION - We got married in 03/2006. Filled I-130 in 04/2006. My visa expired 05/2006. Today a notice comes that petition has been approved, but I'm not eligible for adjustment of status. I didn't file in any other forms yet.

Should I do something now, should I wait till she becames a citizen next year?
Any advice will be highly appreciated.
 
Your status is not "pending". You have simply overstayed.
Until your wife becomes a citizen, you will continue to accrue illegal presence. Once she becomes a citizen, you will be able to file an I-485.

arto said:
As of Right now I'm "pending" on my status for 2 years.

SITUATION - We got married in 03/2006. Filled I-130 in 04/2006. My visa expired 05/2006. Today a notice comes that petition has been approved, but I'm not eligible for adjustment of status. I didn't file in any other forms yet.
Click to expand...
 
arto said:
Hi All,
I found this forum and I'm truely overwhelmed by it size and capacity.
Click to expand...

Well, that is a first... :rolleyes:

You are not "pending" nothing... You are simply an overstay and you should not leave the country until your GC is approved (not even with an approved Advance Parole).

You could be deported even, the i-130 does not give you any legal status.
 
Thanks for your answer guys.

so, why was I adviced to fill i-130 then? Wouldn't it be better for me to wait until she's a citizen. Is there anything I can do right now? I can't file in i-485 can I?
 
Praetorian, that makes complete sense. By reserving the priority date , you mean that when my wife becomes a citizen, I will be processed much faster right?

By the way you saved me couple hundred dollars, I owe you a beer when you visit NYC :).

Thanks again
 
arto said:
Praetorian, that makes complete sense. By reserving the priority date , you mean that when my wife becomes a citizen, I will be processed much faster right?

By the way you saved me couple hundred dollars, I owe you a beer when you visit NYC :).

Thanks again
Click to expand...

I didn't know that beer in NY costs $200 bucks. If I were you, I'd fly him to NYC and take him for a dinner to a decent restaurant. OK, joke aside, I did the same thing. Filed I-130 for my wife back in Feb 2004. It got approved in Sept 2007. When I filed I-485 for her, I went ahead and included a copy of her I-130 approval notice with the rest of the paperwork. I don't think it made the process any faster, nut like PraetorianXI said, it locks the PD, that's pretty much it. On the other hand, when I filed I-130 for my wife 4 yrs back, I only paid a fee of $130 to USCIS. Had I filed I-130 this year, I bet I would have paid a higher fees.
 
how come your wife became an LPR, and you got stuck in "out of status"? You lost your J-2 the moment she became an LPR. WHy didn't you get a GC with her, or through following-to-join?

Or, were you a J-2 dependent to somebody other than your wife???? in that case, your J-2 ended when you divorced (if a J-2 spouse) or married (J-2 child).
 
I got my J-2 on Work & Travel, then I came here and married my wife( who at the time was a green card holder). We married before my j-2 expired though...
 
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