# I-130 approved, what next ?



## Akon (Jun 15, 2015)

hi there,

My wife is a us green card holder and lodged my file for i-130. My case got approved on April 15, 2015. I am originally from Pakistan but have been studying in Australia since 2013. My NVC is sydney. I got a letter from nvc stating "a visa number is unavailable and this petition is not eligible for further processing at this time. The reason for this delay is that there are more applicants for visas than there are immigrant visa available. 

My priority date is 02/feb/2015

i have 2 questions.

1) I have valid US tourist visa, can i go to us and apply for Adjustment of status ?

2) With my priority date 02/feb/2015, when will i be eligible to get green card ?


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## BBCWatcher (Dec 28, 2012)

Akon said:


> 1) I have valid US tourist visa, can i go to us and apply for Adjustment of status ?


No. Or, more precisely, hypothetically you could attempt to apply but it's _extremely_ dangerous since you could be denied and barred from the U.S.



> 2) With my priority date 02/feb/2015, when will i be eligible to get green card ?


You're preference category F2A. According to the latest Department of State visa bulletin those immigrants in the F2A family preference category who had priority dates about 21 months ago have had visa numbers assigned. So, if the wait is similar going forward, you'll have to wait roughly 16 more months before getting a visa quota allocation. If your wife obtains U.S. citizenship soon then that delay can be shortened since there is no visa quota limit for spouses of U.S. citizens.


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## Akon (Jun 15, 2015)

Oh i thought it was legal to apply for aos. Once my case is open. Say after 16 months, will i be able to apply fir aos then ?


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## twostep (Apr 3, 2008)

Akon said:


> Oh i thought it was legal to apply for aos. Once my case is open. Say after 16 months, will i be able to apply fir aos then ?


As already posted filing AoS with no actual base such as spontaneous marriage, adjusting from employment to spousal visa can backfire. 

Your visa category has a backlog. Your option is to move your petition into US citizen spouse after our wife naturalizes.


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## Akon (Jun 15, 2015)

My wife is with me in Australia, to get citizenship she has to live in america for atleast 5 years and she is way behind but her parents are now settled in America. I guess ill have to wait for long there is no other way. We are planning to move to us for good.


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## twostep (Apr 3, 2008)

Akon said:


> My wife is with me in Australia, to get citizenship she has to live in america for atleast 5 years and she is way behind but her parents are now settled in America. I guess ill have to wait for long there is no other way. We are planning to move to us for good.


After a Green Card is Granted | USCIS

It sounds like she has moved to AUS.


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## Davis1 (Feb 20, 2009)

if she is applying for Australian citizenship then she is abandoning her green card 
whick required her to live and work in the US ...


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## Akon (Jun 15, 2015)

Mate i am a student here, she is not applying for australian citizenship. We got married a year ago, after getting married is it a good idea to live at distance ?


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## BBCWatcher (Dec 28, 2012)

Akon said:


> We got married a year ago, after getting married is it a good idea to live at distance ?


No, but nor is losing her U.S. permanent residency, we assume. She should be thoroughly familiar with USCIS's guidance on that point (and here as well). Quoting USCIS: "A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence."

Obviously she cannot remain _continuously_ with you outside the United States while you wait for a spousal visa quota allocation since your wait will be fairly long. If she does she seriously risks losing her green card.


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## twostep (Apr 3, 2008)

Akon said:


> Mate i am a student here, she is not applying for australian citizenship. We got married a year ago, after getting married is it a good idea to live at distance ?


The rules do not change just because you are going to school in AUS.


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## Akon (Jun 15, 2015)

Thats true twostep, thanks heaps for your help, you have been very helpful.


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