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I-130 petition from outside or within US?

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  • I-130 petition from outside or within US?

    Hello,

    I have a question about moving to the US and supporting my family there, I can't find any information any where else on the web except for here.

    My wife has dual Irish/Us citizenship, I am Irish. We live in Ireland and want to move to the US as quick as possible. We have not filled the I-130 yet. We just heard to file from Ireland (to chicago) the process will take 6-8 months! We are pregnant and want to get over there as soon as possible to have the baby in the US with the support of her family. It is also important that I can work there when we arrive.

    I should be able to get in to the US on a visa waver. Should I enter the US on the VWP for 90 days and file the froms within the US (the I-130 & the I-485)? Is this possible and is this a quicker route? Are there any dangers of over staying my 90 day visa and being deported/banned from the US or not getting an immigration visa at all?

    Thanks for your help.


    Albi

  • #2
    You can start the I-130 process while outside the U.S.

    On the other hand, if you enter the U.S. with your visa waiver, you can start the conversion process with the I-130 and I-485.

    --Ray B

    Originally posted by Albi View Post
    Hello,

    I have a question about moving to the US and supporting my family there, I can't find any information any where else on the web except for here.

    My wife has dual Irish/Us citizenship, I am Irish. We live in Ireland and want to move to the US as quick as possible. We have not filled the I-130 yet. We just heard to file from Ireland (to chicago) the process will take 6-8 months! We are pregnant and want to get over there as soon as possible to have the baby in the US with the support of her family. It is also important that I can work there when we arrive.

    I should be able to get in to the US on a visa waver. Should I enter the US on the VWP for 90 days and file the froms within the US (the I-130 & the I-485)? Is this possible and is this a quicker route? Are there any dangers of over staying my 90 day visa and being deported/banned from the US or not getting an immigration visa at all?

    Thanks for your help.


    Albi

    Comment


    • #3
      Originally posted by rayb View Post
      You can start the I-130 process while outside the U.S.

      On the other hand, if you enter the U.S. with your visa waiver, you can start the conversion process with the I-130 and I-485.

      --Ray B
      Thanks Ray B.

      Would I have to leave the US when my 90 days expire after filing the i-130 and i-485?

      Albi

      Comment


      • #4
        No, unless you prefer to be processed for an immigrant visa in your home country.

        Submittal of the I-485 (with or following the I-130) is to be processed in the U.S. Once the I-485 is in process mode, you are in a "protected' mode and won't face any penalties for a visa expiration.

        --Ray

        Originally posted by Albi View Post
        Thanks Ray B.

        Would I have to leave the US when my 90 days expire after filing the i-130 and i-485?

        Albi

        Comment


        • #5
          Originally posted by rayb View Post
          No, unless you prefer to be processed for an immigrant visa in your home country.

          Submittal of the I-485 (with or following the I-130) is to be processed in the U.S. Once the I-485 is in process mode, you are in a "protected' mode and won't face any penalties for a visa expiration.

          --Ray
          Fantastic, thank you Ray. Do you know if I can work legally in the US or how long that would take? Is that the I-765 and would that be dependent on the I-130 being approved?

          Comment


          • #6
            If an I-130 and I-485 are filed together, you will receive an interim Work Authorization about 3 months after submittal, and good for a year. The Green Card normally shows up about 6 months after filing the I-130 and I-485 together, so the Work Authorization will then be overridden by the Green Card.

            --Ray B

            Originally posted by Albi View Post
            Fantastic, thank you Ray. Do you know if I can work legally in the US or how long that would take? Is that the I-765 and would that be dependent on the I-130 being approved?

            Comment


            • #7
              Originally posted by rayb View Post
              If an I-130 and I-485 are filed together, you will receive an interim Work Authorization about 3 months after submittal, and good for a year. The Green Card normally shows up about 6 months after filing the I-130 and I-485 together, so the Work Authorization will then be overridden by the Green Card.

              --Ray B
              Thank you Ray. This is very good news. My last question and it's a bit of a long shot: Do you know how long it will take to process the I-130 from within the US (NY). I know it takes 9-12 months if it is filled from Ireland. Will the I-485 be approved at the same time?

              Comment


              • #8
                Albi,

                When filed together in the U.S., the conversion process averages about 6 months. It can be more or less by a couple of months, depending on area of the country and workload in local offices.

                --Ray B

                Originally posted by Albi View Post
                Thank you Ray. This is very good news. My last question and it's a bit of a long shot: Do you know how long it will take to process the I-130 from within the US (NY). I know it takes 9-12 months if it is filled from Ireland. Will the I-485 be approved at the same time?

                Comment

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