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  1. #1
    Join Date
    Jan 2010
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    2

    Default Concurrent Filing of I-130 and I-485

    I am a married, over 21 years of age, child of a US citizen (my mom lives in Alabama) and me, my husband and our son, all have valid visitors' visas at this time. I would like my mother to file an application for me for immigration. I live in Pakistan.

    I have a few questions...

    As far as I have researched this issue, I have come to understand that in my situation (being married) I cannot concurrently file I-485 with the I-130... is that correct?

    Will the process of immigration be any faster if I ask my mother to file I-130 when I am in USA? How much faster?

    If she files a petition for me, will the chances of me getting a renewal on my visitors' visa diminish because then I will be considered an "intending immigrant"?

    My mother had applied for me when I was single and when she was a permanent resident. By the time that application got mature, i was already married and the immigration service asked me if there was any change in my status and then they canceled my application. Can that waiting time be used in my current situation?

    My husband is in the process of buying a house in USA... can that have a positive effect on our application?

    Thank you in advance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Concurrent Filing of I-130 and I-485

    Giving the timing involved, I don't think that having your mother file an I-130 for you is likely to be a viable option. For your priority group with your mother filing the I-130, you're looking at about a nine year wait. (See the Visa Bulletin.) You would not want to file an I-485 with your mother's I-130, as you would not be eligible to adjust your status based upon that filing and it would thus be denied. Once you show intent to immigrate, getting a tourist visa (a visa where you declare no intent to immigrate) becomes potentially much more complicated. The canceled application won't speed up a new application.

    If your husband is buying a house in the U.S., does he have a visa, permanent residency or citizenship? What's the deal?

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Concurrent Filing of I-130 and I-485

    That is what I was afraid of
    I was 11 years old when my mother's sister filed for her, and by the time she got it, I was 23... so I was not allowed to enter. When my mom applied for me, I was 25, and by the time my PD became current, I was already married...and now I have to wait another 9 years? I am so defeated!
    Anywayyy, we will have to work with what we have.
    No, my husband just has a visitors' visa like me. He was buying the house on cash and that is how they let him buy one. It seems to be just a business venture now that we can't think of living in that house anywhere in the near future
    We (my husband and I) are both doctors and may be we can take the licensure exams and get a J-1 visa ( the worst visa one can have) and then try to get into a medical residency. It is also a long process and there are no guarantees that we will 1) get into a residency program and 2) even if we do, we will get a visa for it.
    The house is for $125,000... but I donot think it is enough for us to enter into a business category visa?

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