When can I travel to the US after filing a I-130 form? 5 Answers as of February 22, 2011

I have a Green Card but have overstayed outside the US (20 months). I'm married to a US citizen and lived in US for 10 consecutive years. I'd like to move back to the US. We are willing to go through the process to file I-130 form again in case I will be denied a re-entry permit. My question is: can I travel to the US right after my wife has filed a I-130 form and wait there for my applications to be processed? Thanks in advance for your help.

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Not until they approve a visa for you.
Answer Applies to: Tennessee
Replied: 2/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The answer is probably not. Once you have filed for an immigrant visa (I130), the consulate generally will not issue a visa to you.

However, please be mindful that you bear the burden to prove your marriage is in good faith. The application is more than just filling out a form. Please also be mindful that a marriage certificate does not satisfy the requirement of immigration law. In other word, I130 will be denied even if the couple has marriage certificate.

Therefore, the best thing to do is to retain professional service to prepare application that fully complies with the law. If you need assistance. please feel free to contact us. Good luck!
Answer Applies to: Florida
Replied: 2/22/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The only way to do that is to obtain an SB-1 Returning Resident Permit from the consulate - you will need to file a DS-117 and show a good reason for the overstay. Otherwise you will need to wait for your consular interview or find a nonimmigrant classification you qualify for that will not have conflicting intent with your pending I-130.

Normal consular process is 7-12 months.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below or if we can assist in your immigrant visa processing I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You must wait to have your immigrant visa.
Answer Applies to: California
Replied: 2/22/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No you may not return to the US based on filing an I-130 petition. You will have to remain outside the US during the process, which can take up to 1 year.

However, you may wish to consider coming to the U.S. using your Green Card. If your stay outside the U.S. was due to unforeseen reasons, you may not have abandoned your Green Card status.
Answer Applies to: California
Replied: 2/22/2011
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