I-130 petition approved but.....

C

conqueror

Registered Users (C)
Hi,

I got I-130 petition approved in Jan. 05. However it says, I have to apply for an immigrant visa but am not legible to do so now. It does not explain why I am not legible to.

What am I supposed to do now, just wait? My I-94 has expired but my passport is valid.

I am unmarried child over 21. Mother filed I-130, she is a citizen.
 
conqueror said:
Hi,

I got I-130 petition approved in Jan. 05. However it says, I have to apply for an immigrant visa but am not legible to do so now. It does not explain why I am not legible to.

What am I supposed to do now, just wait? My I-94 has expired but my passport is valid.

I am unmarried child over 21. Mother filed I-130, she is a citizen.
Click to expand...

Hello,

You should maintain your own status untill your priority dates are current.
For F1 category the visa number is available to the persons , whose priority dates are 15 APR 2001, assuming that your are not from Mexico or Philipines.

For priority dates visit http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
 
I-130 approved but...

Thanks for the quick reply, but I did not mention that I think I am out of status. I came on visitors visa in 2003 and my mother applied for I-130 in 2004. Now I am just waiting. I will be getting married by the end of the year but don't know if this would negatively impact my current situation.
 
conqueror said:
Thanks for the quick reply, but I did not mention that I think I am out of status. I came on visitors visa in 2003 and my mother applied for I-130 in 2004. Now I am just waiting. I will be getting married by the end of the year but don't know if this would negatively impact my current situation.
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Are you getting married to a US citizen?
 
I have a similar situation.

I got my I-130 approved through my mom(perm resident), I am presently on a H1B status. so what are the next steps? Is getting this approved any good or useful , or its one of those long waits?

Any inputs would be appreicated.
 
tillu77 said:
I got my I-130 approved through my mom(perm resident), I am presently on a H1B status. so what are the next steps? Is getting this approved any good or useful , or its one of those long waits?

Any inputs would be appreicated.
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Getting the I-130 approved does not benefit you in anyway except giving you the eligibility to file for AOS while you are in the US. You may however have to wait for your PD to become current before you apply for I-485.
 
Yes, I am getting married to a USC. Would this be a problem for me? We plan to live in FL moving from NJ.
 
Immediate Relative-Doubts on I-485

Dear Well-wisher,
I am an Immediate Relative of my Citizen son. I arrived at US in July 05 on Visitors visa and my I-94 expires on 4th Jan '06. I have a multiple entry visa until March 8 2008.
Now my son is on the verge of sending an 1-130 petition on my behalf and I desire to apply for my Adjustment of Status later duly mentioning San Francisco in my petition at column 22 of the form.
After petiionong say I leave for India in Dec '05 on some urgent work and return back in June 06. Suppose the I-130 is sanctioned in March 06 can I come back to US and submit my 1-485 pettion then in June '06?
I prefer to do this rathar then pursuing my Immigration Visa back at the US coucil in India.
An early reply is kindly sought.
 
Last edited by a moderator:
Immediate Relative- I-485 - doubts

Dear Well-wisher,
I am an Immediate Relative of my Citizen son. I arrived at US in July 05 on Visitors visa and my I-94 expires on 4th Jan '06. I have a multiple entry visa until March 8 2008.
Now my son is on the verge of sending an 1-130 petition on my behalf and I desire to apply for my Adjustment of Status later duly mentioning San Francisco in my petition at column 22 of the form.
After petiionong say I leave for India in Dec '05 on some urgent work and return back in June 06. Suppose the I-130 is sanctioned in March 06 can I come back to US and submit my 1-485 pettion then in June '06?
I prefer to do this rathar then pursuing my Immigration Visa back at the US coucil in India.
An early reply is kindly sought.[/QUOTE]
 
Daniel T. said:
Dear Well-wisher,
I am an Immediate Relative of my Citizen son. I arrived at US in July 05 on Visitors visa and my I-94 expires on 4th Jan '06. I have a multiple entry visa until March 8 2008.
Now my son is on the verge of sending an 1-130 petition on my behalf and I desire to apply for my Adjustment of Status later duly mentioning San Francisco in my petition at column 22 of the form.
After petiionong say I leave for India in Dec '05 on some urgent work and return back in June 06. Suppose the I-130 is sanctioned in March 06 can I come back to US and submit my 1-485 pettion then in June '06?
I prefer to do this rathar then pursuing my Immigration Visa back at the US coucil in India.
An early reply is kindly sought.
Click to expand...

You could apply for I-485 along with the I-130. This way you become eligible to apply for Advance parole which would help you travel without any restrictions while your green card application is pending.

If your son only applies for I-130, you wont be elgible for any benefits. You will still be on the visitor visa, and it might be a problem for you to re-enter US as the officer at the POE would know about your immigration intent and not allow you to enter US on the visitor visa. You can save all this trouble and apply for I-485 and travel using advance parole. My 2 cents...
 
lexis300 said:
link doesn't work anymore. . .
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\

It will take you to USCIS website, then you will need to do a search. The site has been reconstructed. Also, if you were in the US when you married, you was supposed to file all forms at the same time. :eek: Now even though your I-94 has expired you are not "out of status". It is considered "status pending" or "adjustment of status".
 
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