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user102008
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You didn't mention what is your plan for immigrating.

If you want to immigrate without leaving the US, you guys should have filed I-130 and I-485 together. If you didn't file I-485, you can file it now with the I-130 receipt. Filing the I-485 should generally allow you to stay (although it's somewhat tricky when you're on VWP as you cannot challenge a removal). Filing the I-130 petition by itself doesn't give you any ability to stay.

If instead you want to leave and go through consular processing at the US consulate abroad for an immigrant visa, then you wouldn't do anything now and leave and waitcontact USCIS to be contacted afterhave them change the I-130 is approvedpetition from Adjustment of Status to Consular Processing (since they assumed you were going to do AOS because you were in the country).

You didn't mention what is your plan for immigrating.

If you want to immigrate without leaving the US, you guys should have filed I-130 and I-485 together. If you didn't file I-485, you can file it now with the I-130 receipt. Filing the I-485 should generally allow you to stay (although it's somewhat tricky when you're on VWP as you cannot challenge a removal). Filing the I-130 petition by itself doesn't give you any ability to stay.

If instead you want to leave and go through consular processing at the US consulate abroad for an immigrant visa, then you wouldn't do anything now and leave and wait to be contacted after the I-130 is approved.

You didn't mention what is your plan for immigrating.

If you want to immigrate without leaving the US, you guys should have filed I-130 and I-485 together. If you didn't file I-485, you can file it now with the I-130 receipt. Filing the I-485 should generally allow you to stay (although it's somewhat tricky when you're on VWP as you cannot challenge a removal). Filing the I-130 petition by itself doesn't give you any ability to stay.

If instead you want to leave and go through consular processing at the US consulate abroad for an immigrant visa, then you wouldn't do anything now and leave and contact USCIS to have them change the petition from Adjustment of Status to Consular Processing (since they assumed you were going to do AOS because you were in the country).

Source Link
user102008
  • 15.4k
  • 1
  • 17
  • 34

You didn't mention what is your plan for immigrating.

If you want to immigrate without leaving the US, you guys should have filed I-130 and I-485 together. If you didn't file I-485, you can file it now with the I-130 receipt. Filing the I-485 should generally allow you to stay (although it's somewhat tricky when you're on VWP as you cannot challenge a removal). Filing the I-130 petition by itself doesn't give you any ability to stay.

If instead you want to leave and go through consular processing at the US consulate abroad for an immigrant visa, then you wouldn't do anything now and leave and wait to be contacted after the I-130 is approved.