Info on applying for a new i130 & i1485 while a current i130 is pending.

[Ditdot]

Long story short. My mum is a permanent resident and as been for 7 years. She applied for my i130 in january 2018 (im unmarried and over 21). Ive been staying with her while my i130 is pending. Anyway i know this process can take years just to start moving forward so this brings me to my next enquiry. I am currently engaged to an American citizen and i have been with him for nearly two years. We was going to wait for my current paperwork to be complete before getting married. But looking on the wait list for processing times im looking at around 4 years if not more before anything happens. So we are going to take the plunge and get married this year. So what i want to know is. If we get married do i have to apply for my new i130 and i485 more or less straight away? Or can we get married and then wait a few months before applying? I know once i marry him, my current i130 application becomes void so i dont want to risk not applying for my new forms and not technically have any pending applications or current visa for that wait time..its all so confusing and i dont want to risk getting in any trouble or something. My mum is the only family i have and she is sick hence why i originally came here. So she is still willing to co sponsor along with my fiance' if thats even possible? Any info on this situation would be SO appreciated..thank you

[newacct]

Long story short. My mum is a permanent resident and as been for 7 years. She applied for my i130 in january 2018 (im unmarried and over 21). Ive been staying with her while my i130 is pending. Anyway i know this process can take years just to start moving forward so this brings me to my next enquiry. I am currently engaged to an American citizen and i have been with him for nearly two years. We was going to wait for my current paperwork to be complete before getting married. But looking on the wait list for processing times im looking at around 4 years if not more before anything happens. So we are going to take the plunge and get married this year. So what i want to know is. If we get married do i have to apply for my new i130 and i485 more or less straight away? Or can we get married and then wait a few months before applying? I know once i marry him, my current i130 application becomes void so i dont want to risk not applying for my new forms and not technically have any pending applications or current visa for that wait time..its all so confusing and i dont want to risk getting in any trouble or something. My mum is the only family i have and she is sick hence why i originally came here. So she is still willing to co sponsor along with my fiance' if thats even possible? Any info on this situation would be SO appreciated..thank you

Having a pending or approved I-130 doesn't allow you to stay in the US. You must remain in status until you file I-485 in order to be able to stay in the US. If you are overstaying, there is no easy way for you to immigrate on your mother's petition even if you remained unmarried and waited 7 years. This is because you are not eligible for Adjustment of Status in any family-based category other than the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) if you are out of status. And if you go abroad to do Consular Processing, you will trigger a 10-year ban since you would have accrued more than 1 year of unlawful presence. I am not sure what you plan was with immigrating based on your mother's petition, but if you think that filing an I-130 before your status expired allowed you to stay, it doesn't. To immigrate on your mother's petition, if you didn't have status in the US, the correct way would have been to leave the US when your status expired and wait abroad for 7 years. You are already deportable now and have been deportable since your status expired; marrying and voiding the petition doesn't really change that.

So the only feasible way for you to immigrate is AOS through marriage to your citizen spouse. You don't have to file I-130 and I-485 "straight away" -- you have already been deportable for a long time and a little more time probably won't change much -- just file ASAP when you have gotten all your documents ready. You will only be protected against deportation when you file I-485.

[Ditdot]

I thought when you have a pending document like the i130 and entered the usa legally and applied within your 90 days you was allowed to stay as my mum is able to provide for me? I know im more than likely wrong as all this as just been headaches and waiting since i started. So my next question is..am i able to get married now? If im not technically suppose to be here?

[newacct]

I thought when you have a pending document like the i130 and entered the usa legally and applied within your 90 days you was allowed to stay as my mum is able to provide for me? I know im more than likely wrong as all this as just been headaches and waiting since i started. So my next question is..am i able to get married now? If im not technically suppose to be here?

You should have no problem getting married, as long as you have some kind of ID.