Filling Date

B

bwahlt

New Member
Dear All,

I will be out of status on Sunday June the 14th.

If I mail the I-130 petition with overnight express
mail on Friday June the 12th, would that be enough
to prove that the petition was filed prior to the
expiration date?

If so, can I legally stay in the US while the petition
is pending?

Thank you for your help and info. Bernd.
 
TheRealCanadian said:
An I-130 alone gives you no ability to remain in the US. Who is filing the I-130 for you?
Click to expand...

My wife is filing the I-130 for me who is LPR. Our plan was to submit the I-485 after I get my J1 waiver. I found out about the fav recom from DOS website but have not received the actual waiver yet and unfortunately I do not think it will arrive while I am in status.
 
Last edited by a moderator:
bwahlt said:
My wife is filing the I-130 for me who is LPR. Our plan was to submit the I-485 after I get my J1 waiver. I found out about the fav recom from DOS website but have not received the actual waiver yet and unfortunately I do not think it will arrive while I am in status.
Click to expand...

You have a problem. You cannot file an I-485 until your I-130 priority date is current, which for FB2 will take 5 years. And even then, you cannot file the I-485 when out of status.

You may want to wait until your wife naturalizes.
 
My Suggestion would be to wait for the J-1 Waiver and then file the I-130/I-485. Filing I-130 by itself will not help in maintaining status. You will need to have I-485 application filed and pending with USCIS to maintain legal immigration status.

In order to file I-485 your Priority date needs to be current , then you can file a Concurrent I-130/!-485 Application which will keep you in legal status.
 
I read your replies too late.

Today we filed the I130. I also have an I612 pending. I understand it is not enough to maintain status.

Our plan now is to upgrade the petition after her oath, then file I485 with
my waiver. The problem is my wife received her GC in 2000, and applied for citizenship in 2006, but as of today 2009 no notice for an interview.
 
bwahlt said:
The problem is my wife received her GC in 2000, and applied for citizenship in 2006, but as of today 2009 no notice for an interview.
Click to expand...
That is not right.
Take care of her problem ASAP and your problem will be taken care of.
 
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