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I-130 submission while in the US

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  • I-130 submission while in the US

    My mother is in the US now, legally, on a visit visa. The visa expires Oct. 24th, but border control/immigration has allowed her to stay until February.

    I want to begin the process for getting her an immigrant visa. She is from Ukraine. Can I submit the I-130 for approval while she is still with us here in the US? If so, when she gets back to Ukraine in Feb., can she set up her visa interview right away if the I-130 is approved? In other words, the approval might take 4 to 6 months. If it is approved when she returns, can she make her appointment right away or does she have to stay out of the US for a particular period of time?

    As I understand it, she generally needs to wait 6 months between visits on her multi-entry visit visa. Does she have to wait with the above situation?

    Thank you!

    b

  • #2
    Yes, you can file I-130 any time. Whether she is in the US or not has no effect on how soon they can schedule an appointment in Ukraine.

    But why not just file I-130 and I-485 while she's here and she will just stay and not leave?

    This is my personal opinion and is not to be construed as legal advice.

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