Quote:
Originally Posted by Nowornever
I have unlawfully presence don't qualify for 245i.
I wanted to know about the process for if you are married... If you are married to LPR file I130 how long is the wait. I realize that after you become a citizen you can start and finish the process within US usually takes 2 years. (If you came in through visa).
When you file the I601A you have to leave for consulate to apply for the Immigrant Visa right? I realize that when files through family you have to leave, But I can't find information if you go through work if you still have to leave the US and apply abroad. When someone does work sponsorship when you visa avliable and you have to complete the 601a you still have to leave US right?
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Yes if you do I-601A you have to leave, it doesn't matter how you're seeking a green card, doesn't matter if it's through family, through work, or through the green card lottery. Note however that you still need a qualifying relative (USC or LPR, Spouse or/and Parent(s)) in order to get the waiver.
So lets say that you marry an LPR, you came legally, and you have an employer willing to sponsor you, you basically have 3 options to proceed here.
Option 1: Have your LPR spouse file I-130. Wait around until he/she naturalizes. File for adjustment of status in US.
Option 2: Have your LPR spouse file I-130, once the priority date becomes current or I-130 is approved, whichever is later, you will file I-601A with the LPR spouse (and any LPR/USC parents you may have) as the qualifying relative(s). Once that's approved you leave and undergo consular processing, pick up your immigrant visa, and return to US.
Option 3: Have your employer petition you (PERM, I-140, etc). Once that's approved you'll file I-601A with your LPR spouse (and any LPR/USC parents you may have) as the qualifying relative(s). Once that's approved you leave and undergo consular processing, pick up your immigrant visa, and return to US.
Whichever option is best for you depends mostly on how much you want to wait and how long you've been married and how long your LPR spouse has until they can naturalize and what's your country of birth. If you were born anywhere outside of Mainland China or India then I'd personally do either 1 or 3 depending on how long you have to wait for them to naturalize. If you were born in India or China then 1 or 2 are the better options.
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I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD