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  • Approved I-130

    My husband is in the us illegally, but I received the approved I-130 three years ago and never have heard from the visa center. What should I do.

  • #2
    My husband is in the us illegally, but I received the approved I-130 three years ago and never have heard from the visa center. What should I do.

    Comment


    • #3
      You should go ahead and file his I-485 and i- 765 application, the visa center only deal with cases outside the U.S.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by malakai:
        You should go ahead and file his I-485 and i- 765 application, the visa center only deal with cases outside the U.S. </div></BLOCKQUOTE>
        Hi malakai, how about those family petitions(4 th pref.) where the beneficiary is in the U.S., with approved I-130, covered by 245i, can they file also I-485 or that applies only for marriage petition?

        Comment


        • #5
          When considering immediate relative AOS most people prefer filing the I-130 and the I-485 simultaneously. However, an approved I-130 does not "expire" unless the relationship is terminated and immediate relatives are allowed to apply at any time, even if they no longer hold any valid status. The OP should always consult with the local CIS office or with an immigration attorney for advice and guidance.
          -THIS IS NOT LEGAL ADVICE-

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          • #6
            Are you sure I-130 never expires? I wanted to know this because a petition filed for me (Benificiary) by my daughter (Petitioner) who is a USC, has been approved. And the case has been sent to NVC. But I do not want to go to US to live permanently right now. May be in future. So what should I do in order to retain my approved petition intact?

            Comment


            • #7
              You should contact the NVC and informed them that you would like to adjust your husband's status in US.
              See what they have to say.
              Since you have not received any letter from uscis for the last 3 years it might be pending at NVC.

              Or it might be abandon, if you are a USC then his illegal stay will be for given.

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