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

[SusieQQQ 11,586]

7 minutes ago, HRQX said:

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.

This. She can’t lie to immigration on her return and say she is only visiting when she plans to adjust status. Next time you hear about people from her home country being refused B visas for immigrant intent, also remember she will be one of the cases that caused that.

 

also, does she need a tourist visa for Canada? Many/most nationalities requiring B visas for the US need Canadian visas.

[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)?

[HRQX 4,145]

27 minutes ago, SusieQQQ said:

also, does she need a tourist visa for Canada? Many/most nationalities requiring B visas for the US need Canadian visas.

OP probably didn't research it; it's only 13 nationalities that don't need Canadian visas but do need B visa for US: Barbados, Bulgaria, Croatia, Cyprus, Hong Kong, Israel, Mexico, Papua New Guinea, Romania, Samoa, Solomon Islands, UAE, and Vatican City https://www.passportindex.org/comparebyDestination.php?p1=us&p2=ca&fl=&s=yes

Edited December 23, 2019 by HRQX

[ineedadisplayname 499]

57 minutes ago, Emma25 said:

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)?

Going to Canada or Mexico doesn't count anymore, she is not going to get a new I-94 that way.

[NancyNguyen 1,657]

Don't file extension of stay I-539, it is just a waste of money. File I-485 with copy of that I-130.

[Ontarkie 14,231]

~~Related threads merged. PLease do not start another thread for this topic.~~

[Emma25 0]

On 12/22/2019 at 10:14 PM, NancyNguyen said:

Don't file extension of stay I-539, it is just a waste of money. File I-485 with copy of that I-130.

Does someone with B2 visa in the US filing I-130 with I-485 be considered to have overstayed their visa if the processing time of the I-485 is prolonged past the B2 visa I-90 6 months given? 

Does someone with B2 visa in the US filing I-130 with I-485 be considered to have overstayed their visa if the processing time of the I-485 is prolonged past the B2 visa I-90 6 months given? 

[NancyNguyen 1,657]

1 minute ago, Emma25 said:

Does someone with B2 visa in the US filing I-130 with I-485 be considered to have overstayed their visa if the processing time of the I-485 is prolonged past the B2 visa I-90 6 months given? 

Does someone with B2 visa in the US filing I-130 with I-485 be considered to have overstayed their visa if the processing time of the I-485 is prolonged past the B2 visa I-90 6 months given? 

Once you file i-485, you are authorized to stay waiting for adjustment.

[Emma25 0]

1 minute ago, NancyNguyen said:

Once you file i-485, you are authorized to stay waiting for adjustment.

Can someone that filed for I-485 with I-130 be able to briefly leave the US and return since they have B2 visa with multiple entry and their I-485 is being processed or would it affect the process or make them not able to return till their I-130 is approved?

Can someone that filed for I-485 with I-130 be able to briefly leave the US and return since they have B2 visa with multiple entry and their I-485 is being processed or would it affect the process or make them not able to return till their I-130 is approved?

[HRQX 4,145]

14 minutes ago, Emma25 said:

Does someone with B2 visa in the US filing I-130 with I-485 be considered to have overstayed their visa if the processing time of the I-485 is prolonged past the B2 visa I-90 6 months given?

File the I-485 with a photocopy of the I-130 receipt notice:

On 12/22/2019 at 5:47 PM, HRQX said:

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."

That is not a bar to adjustment for Immediate Relative of USC: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

8 minutes ago, Emma25 said:

Can someone that filed for I-485 with I-130 be able to briefly leave the US and return since they have B2 visa with multiple entry and their I-485 is being processed or would it affect the process or make them not able to return till their I-130 is approved?

Upon leaving the US without an approved Advance Parole document the I-485 will automatically be abandoned. For subsequent entry with the B-2, see my earlier post:

On 12/22/2019 at 6:12 PM, HRQX said:

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.

 

Edited January 6, 2020 by HRQX

[Emma25 0]

Can someone that filed for I-485 with I-130 be able to briefly leave the US and return since they have B2 visa with multiple entry and their I-485 is being processed or would it affect the process or make them not able to return till their I-130 is approved?

[NancyNguyen 1,657]

13 minutes ago, Emma25 said:

Can someone that filed for I-485 with I-130 be able to briefly leave the US and return since they have B2 visa with multiple entry and their I-485 is being processed or would it affect the process or make them not able to return till their I-130 is approved?

You have to file advance parole along with i-485 then you can leave after advance parole is approved. If you leave with advance parole, you will abandon the pending i-485.

[HRQX 4,145]

4 minutes ago, NancyNguyen said:

If you leave with advance parole, you will abandon the pending i-485.

*without advance parole