I-130

[Anca]

Dear all,

I have been married for more than one year ago(permanent resident) and this year in June i entered Usa with B2 visa and we applied for i-130! I called UCIS and a lady told me that it takes around 5 months because i'm already in USA till my i-130 might be approved!
My question to you is,if you guys have idea, if my B2 visa expires in December, and i have no answer from them, till that time, what can i do?
I understood that i can send the adjustment documents, employment card and advance parole as soon as my petition is approved because my husband is not citizen!
If i will be illegal in here, will
I have any problems when i will try to apply for adjustment?
My only concern is that i wanna work and without the employment card, i cannot do that!
Do u have any advices for me?
Thank you in advance!
Anca

[rayb]

If your husband is not a U.S. citizen, you cannot apply for Adjustment of Status until your Priority Date is current, which takes about 18-20 months from submittal of the I-130.

--Ray B

Dear all,

I have been married for more than one year ago(permanent resident) and this year in June i entered Usa with B2 visa and we applied for i-130! I called UCIS and a lady told me that it takes around 5 months because i'm already in USA till my i-130 might be approved!
My question to you is,if you guys have idea, if my B2 visa expires in December, and i have no answer from them, till that time, what can i do?
I understood that i can send the adjustment documents, employment card and advance parole as soon as my petition is approved because my husband is not citizen!
If i will be illegal in here, will
I have any problems when i will try to apply for adjustment?
My only concern is that i wanna work and without the employment card, i cannot do that!
Do u have any advices for me?
Thank you in advance!
Anca

[Anca]

I understand that and i know already the conditions!
But my question is if in december my B2 expires, and my i-130 is not approved yet, it takes let's say 2-3 more months, obviously i will become illegal in here!
What are the consequences? Will it habe any negative impact when i will apply for the adjustment?
Thank you

[Adrian Gruber]

I-539

Dear all,

I have been married for more than one year ago(permanent resident) and this year in June i entered Usa with B2 visa and we applied for i-130! I called UCIS and a lady told me that it takes around 5 months because i'm already in USA till my i-130 might be approved!
My question to you is,if you guys have idea, if my B2 visa expires in December, and i have no answer from them, till that time, what can i do?
I understood that i can send the adjustment documents, employment card and advance parole as soon as my petition is approved because my husband is not citizen!
If i will be illegal in here, will
I have any problems when i will try to apply for adjustment?
My only concern is that i wanna work and without the employment card, i cannot do that!
Do u have any advices for me?
Thank you in advance!
Anca

You can extend your stay as long as you have your I-94 issued by CBP, you would have to file a I-593 which allows B-1, B-2 extensions. Remember your I-130 only establishes a relation between you and your spouse and grants no benefit. Here is the link to USCIS for the forms: https://www.uscis.gov/i-539

[Anca]

Thank you so much!I will definetlly do that!
Do have any idea how long before my B2 is expiring i have to send this doc?
And is there any chance to obtain the employment card?If i send them the form?Is there any chance to get this document or they will deny it and i''ll just waste my time?And money?
Thanks a lot!

[rayb]

WIth a B2 visa you cannot legally work in the U.S.

The amount of time allowed on your B2 visa is set at the Port of Entry, when you arrive, usually in 3 or 6-months increments, with one extension allowed.

--Ray B

Thank you so much!I will definetlly do that!
Do have any idea how long before my B2 is expiring i have to send this doc?
And is there any chance to obtain the employment card?If i send them the form?Is there any chance to get this document or they will deny it and i''ll just waste my time?And money?
Thanks a lot!

[Anca]

I entered usa in June and my visa(B2) will expire in Dec, so the police border officer allowed me to stay 6 months! I have applied for i-130, my case was reveived in the beggining of Aug!But my tourist visa will expire, so i would like to know if i fill the extension form , how long before i have to send it?

[rayb]

You should send it within a couple of months of expiration of your current allowable stay.
--Ray B

I entered usa in June and my visa(B2) will expire in Dec, so the police border officer allowed me to stay 6 months! I have applied for i-130, my case was reveived in the beggining of Aug!But my tourist visa will expire, so i would like to know if i fill the extension form , how long before i have to send it?

[Anca]

Ok, thanks a lot for the info!

[Anca]

Someone has idea how long it takes till the employment card and the advance parole are ready?
Thank you!

[rayb]

If you are being petitioned by a U.S. citizen and submitted both I-130 and I-485, along with forms I-765 and I-131, the EAD and Advance Parole card generally arrives about 3 months after you complete Biometrics.

--Ray B

Someone has idea how long it takes till the employment card and the advance parole are ready?
Thank you!

[Anca]

My husband is green card holder.
We applied for i-130 2 months ago and i called them to ask about my case, they said it will take about 3 more months till i'll get an answer.
After that, i can apply for i-485 and the advance parole plus the employment card.
So from the moment i apply it will take 3 more months until i will get the employment card?
Thank you.

[rayb]

If your husband is a Green Card petitioner, you will have to wait for your Priority Date (F2A visa) to be current before submitting the I-485 package. The waiting time is approximately two years. If you submit your I-485 package before your Priority Date, it will either be rejected and returned to you, or it could be denied, with loss of your $1,070 application fee.

If you expected otherwise, you are not reading the requirements for your type of I-130 submittal or getting bad hearsay opinion from other folks.

--Ray B

My husband is green card holder.
We applied for i-130 2 months ago and i called them to ask about my case, they said it will take about 3 more months till i'll get an answer.
After that, i can apply for i-485 and the advance parole plus the employment card.
So from the moment i apply it will take 3 more months until i will get the employment card?
Thank you.

[Anca]

Ohhh thanks a lot!I thought that when my i-130 will be approved, i can send straight away my adjustment of status along with the employment card and advance parole, so i can work,not being forced to wait for couple of years till i will be able to do this!

I thought an i-130 approval gives me the right to apply for adjustment immediately after the document is approved.

Thank you so much for your answer!

[rayb]

Sorry, but eligibility for Green Card application is based on citizenship status of petitioner, with resulting visa type for which he is submitting petition.

-Ray B

Ohhh thanks a lot!I thought that when my i-130 will be approved, i can send straight away my adjustment of status along with the employment card and advance parole, so i can work,not being forced to wait for couple of years till i will be able to do this!

I thought an i-130 approval gives me the right to apply for adjustment immediately after the document is approved.

Thank you so much for your answer!