Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Share
Options
Go to last post Go to first unread
Offline Christina  
#1 Posted : Monday, August 12, 2013 2:23:55 PM(UTC)
Christina

Rank: Newbie

Joined: 8/12/2013(UTC)
Posts: 1
United States
Location: San Francisco

Hi Amazon,
I am a permanent resident and my husband is holding travel visa . He is decided to migrate to U.S on March 2014. So can i help him to file a form I-130 and I-485 together before August 2013?coz, what i know is there will be in current process if we submit the application on August 2013. , if I only can apply I-130 for him now ( the reason is because he is not in U.S recently) how about if he entry to U.S,A next year, it means he will be physically in State, then the form should be in I-485 isn't it? hope you understand my question and give me a direction.
Offline marione05  
#2 Posted : Tuesday, August 13, 2013 2:38:09 AM(UTC)
marione05

Rank: Member

Joined: 8/7/2013(UTC)
Posts: 41
Woman
Philippines

Thanks: 5 times
Was thanked: 4 time(s) in 4 post(s)
For what I know, your husband cannot adjust status if he is on travel visa. He can only do that if he is on a work or student visa.
You should file your petition regardless if the VB is current or not.. So that the processing can start.
Because sadly, for spouses of LPRs, it takes around 2-3yrs before we get reunited with our better half..
2013-04-12 : Priority Date (CSC)
...
2013-08-07 : Got RFE :(
2013-08-14 : USCIS received RFE response
2013-09-03 : USCIS Status - APPROVED! ^___^
...
2013-11-30 : Got AOS Checklist :(
2014-01-06 : NVC received Checklist response
2014-01-24 : Case Completed at NVC! ^___^
...
2014-03 : Medical is pending due to Sputum Exam :(
2014-04-22 : Original interview sched - cancelled
2014-05-14 : Medical done!
2014-05-19 : Interview done! ^___^
2014-05-22 : VISA ON HAND! Thank you Lord! =)

"Good things come to those who wait..."
Offline marione05  
#3 Posted : Tuesday, August 13, 2013 7:09:58 PM(UTC)
marione05

Rank: Member

Joined: 8/7/2013(UTC)
Posts: 41
Woman
Philippines

Thanks: 5 times
Was thanked: 4 time(s) in 4 post(s)
Originally Posted by: marione05 Go to Quoted Post
For what I know, your husband cannot adjust status if he is on travel visa.

Pardon me, he can adjust on travel visa. But according to the majority, it may be a ground for visa fraud. You may file for adjustment, however, expect a difficulty because the intentions of the travel visa will be questioned.

I hope this helps..
Best of luck!

Edited by user Wednesday, August 14, 2013 12:19:41 AM(UTC)  | Reason: Not specified

2013-04-12 : Priority Date (CSC)
...
2013-08-07 : Got RFE :(
2013-08-14 : USCIS received RFE response
2013-09-03 : USCIS Status - APPROVED! ^___^
...
2013-11-30 : Got AOS Checklist :(
2014-01-06 : NVC received Checklist response
2014-01-24 : Case Completed at NVC! ^___^
...
2014-03 : Medical is pending due to Sputum Exam :(
2014-04-22 : Original interview sched - cancelled
2014-05-14 : Medical done!
2014-05-19 : Interview done! ^___^
2014-05-22 : VISA ON HAND! Thank you Lord! =)

"Good things come to those who wait..."
Offline Amazon  
#4 Posted : Thursday, August 15, 2013 11:03:32 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
I will add more details to what Marione wrote above.

If your husband is not in US, you can file I-130 application right now. You can file I485 application only if he physically resides in US.

Some people travel to US only to file I485 application using visitor visa. Depending on various factors, this is not allowed; since visitor visa is non immigrant intent; whereas if you enter US to file I485 application, it is assumed that the intent was to enter US to immigrate. This would obviously be considered as fraud.

However people have entered US on visitors visa and have successfully submitted I-485 application. Please see link below. It would also help if you talk to your lawyer.

http://www.peerallylaw.com/en/content/view/562/
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Powered by YAF | YAF © 2003-2019, Yet Another Forum.NET
This page was generated in 0.169 seconds.
Rate My Professor Celebrity Net Worth