QUESTION
If he stays in the states, will I have to re-file all over again?
Asked on Nov 05th, 2012 on Immigration - California
More details to this question:
Spouse will be coming to states on an entertainment visa and wants to stay. We have an i130 that was approved but it is at NVC waiting for visa fee payment to be interviewed. The first i130 is still valid but it was for when spouse was out of the country.
5 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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If he is willing to stay, he can apply for adjustment of status instead of consular process if you petitioned him as a citizen.
Answered on Nov 08th, 2012 at 4:06 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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There's no need to file a new Form I-130 petition. If the beneficiary of an immigrant petition is already here in the United States and is eligible to adjust status, what he/she can do is notify the National Visa Center that he/she is in US and will adjust status here. The NVC will stop processing the consular visa application and transfer the file back to USCIS so the applicant can file for adjustment of status application. I strongly recommend that you consult an immigration attorney.
Answered on Nov 08th, 2012 at 3:44 AM
If you are a US citizen and/or the priority date is current, if your spouse can enter on an non-immigrant visa with an approved I-130, the spouse can file for adjustment here. There may be an issue of preconceived intent. Consult with an attorney.
Answered on Nov 08th, 2012 at 3:32 AM
He will be able to adjust status but has to wait at least 90 days after entry to the US so that it does not look like he had immigrant intent at the time of entry.
Answered on Nov 08th, 2012 at 3:26 AM
The petition will remain valid if it has not been used for an immigrant visa. Spouse may be perceived an intending immigrant when entering.
Answered on Nov 08th, 2012 at 2:37 AM