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will filing I-130 now help to adjust status?
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DrNo
7/10/2013 6:08:59 PM
Total Posts: 2
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Hello everyone!I came to USA on visitors visa 10 days back..and I want to get married to my girlfriend who is a Green Card holder.Initially I was planning to leave US after getting married and wait for consulate proccessing in my home country BUT as the priority date of F2A has become Current..can I stay in the USA and apply for Adjustment of Status??If someone could help me with this regard I would be very thankful..I dont have much time left!!
Swe
7/10/2013 10:55:25 PM
Total Posts: 33
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[quote=DrNo;1221]Hello everyone!I came to USA on visitors visa 10 days back..and I want to get married to my girlfriend who is a Green Card holder.Initially I was planning to leave US after getting married and wait for consulate proccessing in my home country BUT as the priority date of F2A has become Current..can I stay in the USA and apply for Adjustment of Status??If someone could help me with this regard I would be very thankful..I dont have much time left!![/quote] read the below blog http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html#more if you leave US while I-485 is still been processed, USCIS may considered that he has abondon I-485. To prevent that you have to to either have (a) EAD/AP card with you BEFORE leaving US or (b) have H1, H2, L1 or L2 status. EAD/AP card is sent typically three months after filing I-485. This means you have to remain in US after I-485 is filed.
DrNo
7/11/2013 1:10:28 PM
Total Posts: 2
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Thanks SweSwe!my I-94 is valid for 6 months..so if I-485 way is possible,I can wait here.but if not than I dont want to stay here for no reason.
Sunshine
7/12/2013 7:17:11 PM
Total Posts: 22
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I could only say you DrNo Congratulations. Marry immediately and file. That is the best way.
Amazon
7/13/2013 4:16:18 AM
Total Posts: 591
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Please see this: http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html?showComment=1373548046678#c4161744796270570631 The safest thing you can do is get married in US. Then you can submit I-130 application and go through consular processing. There is a 30/60/90 rule used by USCIS to detect fraud cases. A good lawyer would be able to help. Also see these links: http://immigrationworkvisa.wordpress.com/2011/12/27/green-card-adjustment-san-diego-after-b2-entry/ http://www.msclaw.com/news/3/71/30-60-90-Day-Rule-and-Adjustment-of-Status.html


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