concurrent filing---waiting time question. Need help.

[qallen]

Hi Everyone,

I am new here. My wife and I are planning to move to the US next year. She is a US citizen while I am not. I currently have a US B2 tourist visa that allows me stay in the US for up to 6 months every time I go there.

I read something about US immigration and feel that the easiest way for us to stay in the US for long term is to file I-130 and I-485 together ("concurrent filing") while we are in the US. I can enter the US using my tourist visa.

My question is that after we do the concurrent filing, how long can I stay in the US while my green card is still pending? My B2 tourist visa only allows me to stay for 6 months. So if the waiting time is longer than that (6 months), it is okay?

Thanks!

[Enub4]

You should not enter the USA with the intention to adjust your status, in that case consular processing is the way they want people to do it. Of course you can visit the USA and then change your mind and apply.

People that adjust status are living legally in the USA, while the case is pending. People apply for work and travel authorization too (form I-765 and form I-131), so they can be productive and travel abroad.

[yko]

Hi Everyone,

I am new here. My wife and I are planning to move to the US next year. She is a US citizen while I am not. I currently have a US B2 tourist visa that allows me stay in the US for up to 6 months every time I go there.

I read something about US immigration and feel that the easiest way for us to stay in the US for long term is to file I-130 and I-485 together ("concurrent filing") while we are in the US. I can enter the US using my tourist visa.

My question is that after we do the concurrent filing, how long can I stay in the US while my green card is still pending? My B2 tourist visa only allows me to stay for 6 months. So if the waiting time is longer than that (6 months), it is okay?

Thanks!

This happens to a lot of people. Pending AOS applicant is a legitimate status. Make sure to file i765 and i131 as well.

[qallen]

You should not enter the USA with the intention to adjust your status, in that case consular processing is the way they want people to do it. Of course you can visit the USA and then change your mind and apply.

People that adjust status are living legally in the USA, while the case is pending. People apply for work and travel authorization too (form I-765 and form I-131), so they can be productive and travel abroad.

Thanks!

We are thinking about consular processing as well----apply in a foreign country. We can file the petition (I-130) here. But the concern is that once we start that process, is it possible for us to continue that process in the USA? For instance, after our I-130 gets approved, can we finish the rest of the process in the USA? That is because we want to move to the USA next year but we are not sure how long the consular processing will take. If it takes too long we are concerned that we can not go to the USA next year as planned.

[newacct]

Thanks!

We are thinking about consular processing as well----apply in a foreign country. We can file the petition (I-130) here. But the concern is that once we start that process, is it possible for us to continue that process in the USA? For instance, after our I-130 gets approved, can we finish the rest of the process in the USA? That is because we want to move to the USA next year but we are not sure how long the consular processing will take. If it takes too long we are concerned that we can not go to the USA next year as planned.

No. Consular Processing means you get an immigrant visa at the US consulate abroad. The "process" in the US would be Adjustment of Status instead. They are different.

[bondsandloan]

You have to unfortunately wait it out. Thousands do.

If you enter on your B with intent to adjust - as you have mentioned that is your intent - that is material misrepresentation leading to a lifetime ban I believe.

Plus is your wife filing her taxes & makes enough income to support your gc application If not, look for a sponsor.