I-130 query !!!

F

fiaz

Registered Users (C)
My uncle is a Permanent Resident. He have filed I-130 for wife/kids in 1999. His wife/kids got V1/V3 visas in 2003. They came to US in Sep. 2003. Their I-94 is getting expired in Sep. 2005 but visa validity is till 2013. Their I-130 is now approved. What should they do to get their green cards? Can he file his case in the US to get green cards or they should go back to home country to get stamped?

Can wife/kids are able to stay past I-94 date, considering that their I-130 is aprroved. What they should do to get the GC remaining in the US? Also, if wife/kids leave, how long it takes to get the visa number or stamping in home country?

Thanks in advance for any helpful advice.
 
Here is what I think he can do:

When the I-130 is approved, the visa number is available for his wife and kids. He can file the I-485 for his family. He can also file I-765 (work permit) or AP (advance parole) if they want to. Just send a copy of the approved I-130 letter along. He may want to redd the instruction of I-485.

They can stay here in US past I-94 expiration date. But she can't work until she get her work permit and SSN (or tax ID).

Good lcuk.
Kenmw
 
kenmw said:
When the I-130 is approved, the visa number is available for his wife and kids.
Click to expand...

This is an incorrect assumption. Plenty of I-130s get approved months, if not years, before their priority dates become current.
 
My understandings is that when a visa number is available and your priority date is current, they will then process your I-130. Else the I-130 will just be pending. Once they approve the I-130, the visa number is available for the applicant.

Am I wrong?
There is no reason to approve I-130 if no visa number is available.

kenmw
 
kenmw said:
My understandings is that when a visa number is available and your priority date is current, they will then process your I-130. Else the I-130 will just be pending. Once they approve the I-130, the visa number is available for the applicant.There is no reason to approve I-130 if no visa number is available.
Click to expand...

While there is no point to processing an I-130 when no visa number is available, just because the I-130 has been approved does not mean that the visa number is available. Check the priority date and the visa bulletin.

Wouldn't it be foolish to spend $300+ on filing fees only to have the I-485 and associated forms rejected (with no refund) because the PD wasn't current and it takes 30 seconds to check? :)
 
I-130

Completely true, new regulation in USCIS is about not approving I-130's until numbers are available. I think it makes a lot of sense, all the papers at once is much better.
I don't know if you can help me with this: I'm in the first category (visa bulletin) about 2 months to have my PD current (not yet). When my father filed the application I was single (I was over 21 not married). If I get married before the number is available, does that mean I lose my category status and I'll be moved down the road in the categories? OR it doesn't matter because I was single by the time my father filed the application?
Any input of info about this will be greatly appreciated.
 
wordkiller said:
Completely true, new regulation in USCIS is about not approving I-130's until numbers are available. I think it makes a lot of sense, all the papers at once is much better.
I don't know if you can help me with this: I'm in the first category (visa bulletin) about 2 months to have my PD current (not yet). When my father filed the application I was single (I was over 21 not married). If I get married before the number is available, does that mean I lose my category status and I'll be moved down the road in the categories? OR it doesn't matter because I was single by the time my father filed the application?
Any input of info about this will be greatly appreciated.
Click to expand...
I will not be in the same category then.
 
I was in the same position as you and advised not to marry or else my status would change. So I waited until i recievedGC before marrying.
 
I-130 and I485 to consular processing

A US citizen friend of mine has sponsored her parents came here on visitor's visa. Their I-130 was filed in January this year and they want to go back to their country for some medical problems. They chose I-485 route. Do they have to wait for I-130 approval prior to opting for Consular processing? How would they go about converting to consular processing and should they wait until I-130 approval or can they do it now?

thanks a lot,
 
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