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Bezalel

Visiting the States while I-130 is pending

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Filed: H-1B Visa Country: South Korea
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Hello, I just applied for my mom's I-130. She currently lives in Korea and I live in the States. She was planning to come to the States just for a visit but we were wondering whether that would be possible. She has a job and a house. Would that be sufficient to show the immigration officers that she is willing to go back and is not going to stay longer illegally?

 

Also, I've seen people apply for I-130 and I-485 at the same time in the States, once their parents' travel visa expires. Isn't that illegal?

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Filed: K-1 Visa Country: Wales
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2 hours ago, Bezalel said:

Hello, I just applied for my mom's I-130. She currently lives in Korea and I live in the States. She was planning to come to the States just for a visit but we were wondering whether that would be possible. She has a job and a house. Would that be sufficient to show the immigration officers that she is willing to go back and is not going to stay longer illegally?

We do have a mega thread on visiting, I visited many people have during the process. I do not show anything.

 

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Also, I've seen people apply for I-130 and I-485 at the same time in the States, once their parents' travel visa expires. Isn't that illegal?

 

It can be, or not. I see your Mother has a Job and a House so not relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 hours ago, Bezalel said:

Also, I've seen people apply for I-130 and I-485 at the same time in the States, once their parents' travel visa expires. Isn't that illegal?

It's all about intent. If someone comes to the U.S. on a visit visa intending to adjust status then it is fraud, no matter how long they wait after arriving. If someone is visiting and while they are visiting their circumstances change, and they decide to adjust, then it is not fraud. Since your mother is not currently in the country, and you are already asking about adjusting, she would fall in the first category.

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