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I 94 w,I 130, I 485 STILL CONFUSED

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  • I 94 w,I 130, I 485 STILL CONFUSED

    OK, My husband US Citizen filed a I 130 in june 2002 for my son (his stepson) > over 21 not married <, My son is coming in dec. this yeahr with a I 94W (VWP) he can stay only 90 days and
    you can not extent an I 94W it is not a B 1 or B 2 Visa it's a visa waver program
    DOES A APPROVED i 130 OVERRIDES A I 94 W

    My question?? If his I 130 get approved while he is in United staates can he file a I 485 over here????

  • #2
    OK, My husband US Citizen filed a I 130 in june 2002 for my son (his stepson) &gt; over 21 not married &lt;, My son is coming in dec. this yeahr with a I 94W (VWP) he can stay only 90 days and
    you can not extent an I 94W it is not a B 1 or B 2 Visa it's a visa waver program
    DOES A APPROVED i 130 OVERRIDES A I 94 W

    My question?? If his I 130 get approved while he is in United staates can he file a I 485 over here????

    Comment


    • #3
      you'll get the same answer from me:

      your son should have a visa number available to him before he can file I-485 to adjust status in the US. If you look at Visa Bulletin you'll get an idea when your son's Priority Date (PD= June 2002) will become current; i.e. when he will be able to file for adjustment of status (or could be called for the interview for immigrant visa in home country).

      Approved I-130 means your husband has a valid relationship with your son for immigration purposes. It does not give your son any status ... or overrides I-94.

      Your son can file I-485 while in the US only if his PD is current (date is shown in Visa Bulletin) and he is in legal status.
      http://travel.state.gov/visa/frvi/bu...etin_3046.html

      Comment


      • #4
        your son was over 21 in 2002, correct?

        Comment

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