when do they cancel B2 visa for i-485 green card?

[MinaGabriel 0]

Hi, I'm filling form i-485 green card for my mother in law, she is in the U.S with B2 visa

she came to the U.S to help us with the Kids when we figure out that my wife has cancer

I'm filling the green card for her because my wife will do treatment for a long term

my question is:

Her visa expires on December 26, 2015, and I haven't submitted her green card application yet which I think will be ready

this week - I'm the one doing it-

do you think that I need to extend her visa or when I send her i-485 this will be enough to make her legally stay in the

U.S?

can someone explain this to me when do they cancel her B2 to another visa type for green card

Thank you in advance

[kzielu 1,144]

Let's start with - you can't file for your mother in law. Your wife can but only if she's a US citizen.

[MacUK 983]

And one other thing, I realise this is a very difficult time for you coping with your wifes illness, but "helping with the kids" can be considered as employment and is not allowed with a tourist visa.

[Boiler 43,381]

Is employment so her status is in doubt anyway.

[MinaGabriel 0]

I should explain this a little bit more clear,

I'm the one who's preparing the forms, and my wife is the petitioner

My mother in law is in the U.S with a visitor visa, taking care of what my wife can't do because of her illness without getting paid of course

Back to the original question when I sent the immigration document, when do they change her status as she has to leave before December 26,

or in a another word what is the next step after sending the I - 485

Thanks

Edited November 30, 2015 by MinaGabriel

[Boiler 43,381]

My mother in law is in the U.S with a visitor visa, taking care of what my wife can't do because of her illness without getting paid of course

It does not matter if you are paying her or she is working for free.

The process is laid out in the Guides.

[MinaGabriel 0]

how does this affect her eligibility for applying for a green card?

she entered the states legally, her daughter - my wife is a US citizen- she is applying for a green card, what is wrong with that?

[Transborderwife 4,666]

how does this affect her eligibility for applying for a green card?

she entered the states legally, her daughter - my wife is a US citizen- she is applying for a green card, what is wrong with that?

Because to uscis its taking a job away from a USC wether getting paid or not.

[Boiler 43,381]

She entered as a visitor and is still a visitor and should comply with the terms of her entry.

[MinaGabriel 0]

So you guys are saying that if she entered as a visitor she can't apply for a green card i-485?

[Boiler 43,381]

No, you just mentioned one of the forms.

We are saying she can not work legally without EAD.

[aleful 1,905]

hi

if she illegally stays, she stays, she cannot leave until she receives her travel document

if she leaves, then there Is no point in filing the adjustment of status packet, because she won't be able to return and have her interview here in the country

so if she needs to leave, then your wife should file the i130 and have her go through consular processing in a year

she cannot leave and come back

I mean theoretically she could travel since she has a tourist visa, but they probably won't let her in because she's returning so soon after being here a long period of time, she has to be in her country more than here,

if she got 6 months, leaves, stays for a few weeks and tries to return, she might be denied entry, plus there is a petition filed for her so they would know that she has immigration intent to stay using her tourist visa to enter

Edited December 1, 2015 by aleful

[discoverusa 229]

Let's not make it more complicated than it is. Your wife files an AOS package for her mother. When USCIS receives it, the new period of authorized stay begins.

When her AOS is approved then she is no longer a visitor but a Legal Permanent Resident and therefore doesn't need a visitor visa. Just make sure she doesn't leave before getting AP or green card.

[MinaGabriel 0]

Let's not make it more complicated than it is. Your wife files an AOS package for her mother. When USCIS receives it, the new period of authorized stay begins.

When her AOS is approved then she is no longer a visitor but a Legal Permanent Resident and therefore doesn't need a visitor visa. Just make sure she doesn't leave before getting AP or green card.

Thank you for your answer so do you think we have enough time to apply I already did all the forms needed, she have the immigration physical on Wednesday and then i will send everything to the USCIS hopefully before Friday?

I-94 expires on December 26

can you give me more information what the authorized stay is?

Thanks

Edited December 1, 2015 by MinaGabriel

[aleful 1,905]

hi

your wife can apply for her, but she will be out of status, the immigration process takes months,

so she must decide what she wants to do, overstay is forgiven, but she will be out of status once her i94 expires until she gets her EAD or work permit