Parents filing i-130 for f1 status

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My parents are trying to file i-130 for me. I’m just wondering what happens after that. I know i have to wait for approval which would take time, then file for I-485. For my understanding googling without lawyer is you will be f1 status until that I-485 is filed, but in the meanwhile the I-130 is pending, I keep on rocking with my f1 status. Asking for anyone who might have taken that path. TIA!!!

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tito-satya

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Yes, you are correct:
1. Your parents file I 130.
2. You remain in F1 and maintain it.
3. I 130 gets approved.
4. You file I 485 (change of status)
5. Once approved, you are no longer F1 because your status changes to Permanent Resident and you will get GC as well.

You must be 21 years or below and unmarried for your parents to file I 130. Hope you know that...

Note: I am not a lawyer. Commenting purely based on common sense. I might be incorrect too.

ark

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Agreed with @tito-satya. Just one more point that you have to remain under 21 and unmarried till you get the GC, otherwise there will be lots of years of wait to get the GC.

Last edited: 28-May-18 07:31 PM

dwastha

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Thanks @ark and @tito-satya.... The only thing is I’m over 21, but unmarried. It’ll take a long time, but I was hoping time will be parallel by the time I’m done with my studies( just my thoughts)

tito-satya

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it is going to take a lot and I really mean a lot of time if you are above 21. I think you will have already completed your college education way and way before a visa becomes available.
Currently, only 26,000 visa becomes available each year for all the people around the world in your category. So even I 130 gets approved way earlier, you have to wait in the queue to become a visa available for you so that your I 485 gets approved.

dwastha

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Hmmm. Tough call. But I appreciate the info @tito-satya 🙏

ark

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Yup, it’s almost 7 years of wait from i130 filing date before you can file i485 regardless of when your i130 is approved and you have to be in legal status throughout the entire period.