Tourist married to US citizen

[Avital]

Hi, I am here on an ESTA visa. My husband (of 8 years) is an American Citizen. We have just moved here with our two kids (1 and 3 - both also on ESTA visas) from Israel. I am British and Israeli. I filed an I-129F in April (status: in review) and an I-130 in March. My tourist visa will be up in 2 months and I desperately don't want to have to take my kids out of the US and come back. Is there any way for me to expedite my green card? Is there any way for me to apply for a green card while here and before my visa is up (2 months to go).

My children are eligible for US citizenship - I'm the only real problem.

Thanks

[peace999]

I-129f is a fiancee petition . You cannot file a fiancee petition when you are married.
and how come both I-129f and I-130 were filed.

[rayb]

Peace,

Avital (the original poster) may have filed her I-129F in April (following the I-130 filing in March) to obtain a K3 visa. Unfortunately, a K3 I-129F filing won't do anything for her while she is in the U.S., and won't be of any benefit if she returns to Israel (K3 visas aren't being processed routinely any more).

Since she is already here, I would recommend that she proceed with an I-485 filing, and including the receipt for the I-130 filing. I've had success with ESTA entrants getting converted even when the I-485 was submitted a few days after expiation of the 90-day visa waiver stay. But submitted after the Visa Waiver expires is a risky move.

--Ray B

I-129f is a fiancee petition . You cannot file a fiancee petition when you are married.
and how come both I-129f and I-130 were filed.

[Avital]

Peace,

Avital (the original poster) may have filed her I-129F in April (following the I-130 filing in March) to obtain a K3 visa. Unfortunately, a K3 I-129F filing won't do anything for her while she is in the U.S., and won't be of any benefit if she returns to Israel (K3 visas aren't being processed routinely any more).

Since she is already here, I would recommend that she proceed with an I-485 filing, and including the receipt for the I-130 filing. I've had success with ESTA entrants getting converted even when the I-485 was submitted a few days after expiation of the 90-day visa waiver stay. But submitted after the Visa Waiver expires is a risky move.

--Ray B

Thank you Ray! So I should file an I-485, how long should I expect it to take? Can I stay here in the interim (my ESTA only expires in 2 months). Also - what should I do for my two sons who are eligible to become US citizens? What forms do I have to file for them? Thank you so much for your advice.
I received advice from an immigration lawyer to file a I-129F despite already being married (the form itself does cater to married couples too) but I'm now seeing that I only have a receipt number for that form - is it ok to use that number

[rayb]

You need a copy of the receipt Notice for the I-130 that you filed. Forget about the I-129F.

Submit your I-485 with the copy of the I-130 receipt notice, $1020 I-485 fee, I-864 sponsorhip package from your husband, I-765, I-131, and supporting documents.

Your children's U.S. citizenship are another issue altogether. Were their births reported to a U.S. Embassy when they were born abroad?

--Ray B

Thank you Ray! So I should file an I-485, how long should I expect it to take? Can I stay here in the interim (my ESTA only expires in 2 months). Also - what should I do for my two sons who are eligible to become US citizens? What forms do I have to file for them? Thank you so much for your advice.
I received advice from an immigration lawyer to file a I-129F despite already being married (the form itself does cater to married couples too) but I'm now seeing that I only have a receipt number for that form - is it ok to use that number