Guestbook Entry for GK, United States
Name
GK
Country
United States
State
New Jersey
Form I-130
I-130 petition
Question details
I filled the petition for my son when I was GC holder.My son got married 10 days before I got citizenship.Now his petition is denied.USCIS want me to file I-130 again. Please tell me I have to file I-130 or there is any other way.
As far as I know, there is no way out of this except a new filing.
B visa while GC pending
Question details
A a citizen, I filled up a I-130 form for my parents; they live abroad, but they already have a tourist visa; may they visit USA for short time while they are waiting for the GC process, and then go back to their country, keeping back and forth in the meantime?
The law is uncertain. This type of entry will be left at the discretion of CBP. I have a blog entry on this subject. Please review it: http://forums.immigration.com/blog.php?u=1
Legality of I-485/I-130 filing
Question details
I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.
This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.
J1 overstayed by years, married to a greencard holder
Question details
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
I130 and application for adjustment
Question details
I filed I 130 for my unamrried son but before it was processed i became citizen so I filed fresh which may take mor than 5 years Is there any possibility for my son to come here and file adjustment visa? Can he stay and work after adjustment visa?
No one can file for adjustment unless their priority date is current. You should be able to upgrade the earlier filed I-130 to reflect your current citizenship. That way, he keeps his priority date. Contact USCIS customer service.
I-130 for parents and sisters
Question details
I'm a US Citizen, and I want to file a I-130 on behalf of my mother, Do I need to file a separate petition for my 12 year old sister or should be included? They both live outside the USA.
As far as I know, it will have to be a separate petition.
TN Holder laid off
Question details
My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an EAD along with the I-485? What is the best approach?
Do not be alarmed. If you are a US citizen, there should be no issues.
I-130 has 3 years not yet approved
Question details
I submitted a I-130 for my wife (I am a greencard holder), and got my receipt of notice in October 30, 2006. No more information has been sent to me or her. Is that normal? No yet approved, what do I need to do? Just wait? Thank you so much.
This is not normal. Contact USCIS customer service. If that does not work, contact your congressman. See this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...
Mr. Khanna really helped us understand the issues related to I-130 petition. The consultation provided a clear understanding of the process and requirements. He was straightforward enough to advise us that we could do the process on our own without using the services of a professional immigration attorney.