Leaving the US after applying for I-130 with I-485

[Emma25 0]

When is the right time for someone on B1/B2 visa apply for  change of status 

[Lil bear 4,225]

1 minute ago, Emma25 said:

When is the right time for someone on B1/B2 visa apply for  change of status 

There is no “right time”.   You need to ensure you meet all requirements for eligibility to adjust status.  More indignation is needed if you want useful answers ... on what basis are you applying for AOS ? 

[SusieQQQ 11,586]

Change of status to what? The answer very much depends on that. How long have you been in the US?

[Emma25 0]

1 hour ago, SusieQQQ said:

Change of status to what? The answer very much depends on that. How long have you been in the US?

The individual visited  her children and they want her to stay back. She has been in the U.S for 3 months. How and when is the best time to apply for her change of status from B1/B2 to green card.This is not here first time of visiting. 

1 hour ago, Lil bear said:

There is no “right time”.   You need to ensure you meet all requirements for eligibility to adjust status.  More indignation is needed if you want useful answers ... on what basis are you applying for AOS ? 

The individual visited  her children and they want her to stay back. She has been in the U.S for 3 months. How and when is the best time to apply for her change of status from B1/B2 to green card.This is not here first time of visiting. 

[SusieQQQ 11,586]

11 minutes ago, Emma25 said:

The individual visited  her children and they want her to stay back. She has been in the U.S for 3 months. How and when is the best time to apply for her change of status from B1/B2 to green card.This is not here first time of visiting. 

The individual visited  her children and they want her to stay back. She has been in the U.S for 3 months. How and when is the best time to apply for her change of status from B1/B2 to green card.This is not here first time of visiting. 

So it’s adjustment of status, not change of status (which refers to a change from one non-immigrant status to another). Hopefully mods will move this to the correct forum.

 

in brief: she doesn’t apply, the US citizen child files i130 and i485 for her. She will need to file for EAD (if she wants to work) and advance parole (AP, if she wants to travel before she gets her green card) as well. It may take 4-6 months to get these, in which period she cannot work or travel outside the US. It may take a year or so for her to get the green card.

[Lil bear 4,225]

Moved to Adjustment of Status from tourist visa 

[Emma25 0]

Can someone give me a link to the forum on this platform were this issue is discussed extensively.  Thank you 

On 12/4/2019 at 8:15 PM, Lil bear said:

There is no “right time”.   You need to ensure you meet all requirements for eligibility to adjust status.  More indignation is needed if you want useful answers ... on what basis are you applying for AOS ? 

Can someone give me a link to the forum on this platform were this issue is discussed extensively.  Thank you 

 

 

[Emma25 0]

On 12/4/2019 at 10:14 PM, SusieQQQ said:

So it’s adjustment of status, not change of status (which refers to a change from one non-immigrant status to another). Hopefully mods will move this to the correct forum.

 

in brief: she doesn’t apply, the US citizen child files i130 and i485 for her. She will need to file for EAD (if she wants to work) and advance parole (AP, if she wants to travel before she gets her green card) as well. It may take 4-6 months to get these, in which period she cannot work or travel outside the US. It may take a year or so for her to get the green card.

Can someone give me a link to the forum on this platform were this issue is discussed extensively.  Thank you 

[Lil bear 4,225]

9 hours ago, Emma25 said:

Can someone give me a link to the forum on this platform were this issue is discussed extensively.  Thank you 

Use the menu tab at the top of the vj page. Select Forums then scroll down to locate the AOS from tourist and work visa. 

[Emma25 0]

Do someone with B2 visa get their I-94 extended by going to Canada?

[Emma25 0]

My mother in law came to the US on a B2 visa (visiting visa), and have filed for form I-130 (petition for alien relative), her I-94 6 months stay is about to end, does anyone know whether filing for I-94 stay extension would be better while her I-130 application is being processed, or whether briefly visiting Canada and returning would give her a new I-94  (with a new extended 6 months stay period)?

[Boiler 45,549]

No

[HRQX 4,145]

21 minutes ago, Emma25 said:

have filed for form I-130 (petition for alien relative), her I-94 6 months stay is about to end

I assume your spouse filed the I-130 and he is a US citizen aged 21+, correct? If so, she can submit I-485, Application to Register Permanent Residence or Adjust Status, with a photocopy of the I-130 receipt notice. While the I-485 is pending she'll be in a "period of stay authorized by the Secretary of Homeland Security." The fee for I-485 depends on her age: https://www.uscis.gov/i-485 Filing I-765 and I-131 are free and recommended.

Edited December 23, 2019 by HRQX

[Cyberfx1024 7,980]

47 minutes ago, Emma25 said:

Do someone with B2 visa get their I-94 extended by going to Canada?

This is a common misconception for people trying to live in the USA under their B2 tourist visa. They will to "reset their time" by going to a country like Mexico or Canada for a short time and returning. The fact of the matter is it does not reset your time and you will have to spend as much time out of the country as you do in it. 

[HRQX 4,145]

48 minutes ago, Emma25 said:

Do someone with B2 visa get their I-94 extended by going to Canada?

When your mother-in-law attempts to re-enter the US she'll have to overcome presumption of immigrant intent. That'll be tough to show after visiting the US for 6 months and a pending I-130 filed for her.