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Filed: Other Country: India
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Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

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Filed: Other Country: United Kingdom
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Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

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Filed: IR-1/CR-1 Visa Country: China
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Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

Hi, my mom came here with B2 visa too. I filed the applications in April, both I130 and I485 are still pending in CSC. My mom has received her AP and EAD at the begining of June.

After you file the 485, your mom is legal to stay here until CIS make a decision on it.


CR-1 Visa

Service Center : Nebraska Service Center

Consulate : Guangzhou, China

Marriage : 2004-06-24

I-130 Sent : 2005-02-02

I-130 NOA1 : 2005-02-11

I-130 Approved : 2005-04-20

NVC Received : 2005-04-29

Received DS-3032 / I-864 Bill : 2005-05-21

Pay I-864 Bill 2005-05-24

Receive I-864 Package : 2005-06-14

Return Completed I-864 : 2005-07-05

Return Completed DS-3032 : 2005-05-31

Receive IV Bill : 2005-06-24

Pay IV Bill : 2005-06-24

Receive Instruction Package : 2005-07-06

Case Completed at NVC : 2005-08-09

NVC Left : 2005-08-18

Consulate Received : 2005-09-22

Packet 3 Received : 2005-07-06

Packet 3 Sent : 2005-07-07

Packet 4 Received : 2005-10-20

Interview Date : 2005-11-14

Visa Received : 2005-11-16

US Entry : 2005-11-19

Comments : received my green card on Dec.8,2005

I-751

CIS Office : NSC transfer to California Service Center

Date Filed : 2007-08-18

NOA Date : 2007-09-15

Bio. Appt. : 2007-10-18

Green Card Received : 2007-12-05

Citizenship

Service Center : Nebraska Service Center

Date Filed : 2008-08-19

NOA Date : 2008-08-21

Bio. Appt. : 2008-09-18

Interview Date : 2008-11-13

Approved : Yes

Oath Ceremony : 2008-12-09

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Filed: Country: South Korea
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Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

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Filed: Other Country: United Kingdom
Timeline
Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

When she entered the US on her B2 visa did she know she was to be getting married and then you would file the forms so she could stay or did she have no intention to get married when she entered and was going to be going back to Korea once her vacation was over?

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Filed: Country: South Korea
Timeline
Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

When she entered the US on her B2 visa did she know she was to be getting married and then you would file the forms so she could stay or did she have no intention to get married when she entered and was going to be going back to Korea once her vacation was over?

Thank you for replying!!!

We had been talking about getting married but were planning to do it at the end of this year. However, a trip to Vegas came up unexpectedly and we decided to get married there one night. After we got back from Vegas, she returned to Korea for some time and has been back and forth since then. When she visits, she stays with me at my residence.

Shortly after we returned from Vegas, I started researching all of the requirements and realized it probably would have been better to go the fiance visa route...but too late for that now, I guess.

Given this knowledge, will they think it's visa fraud or should I go through with filing the I-130, I-485, I-864, I-765, I-131, and G-325a? What should I do to make this work out right?

Thank you!

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Filed: Other Country: United Kingdom
Timeline
Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

When she entered the US on her B2 visa did she know she was to be getting married and then you would file the forms so she could stay or did she have no intention to get married when she entered and was going to be going back to Korea once her vacation was over?

Thank you for replying!!!

We had been talking about getting married but were planning to do it at the end of this year. However, a trip to Vegas came up unexpectedly and we decided to get married there one night. After we got back from Vegas, she returned to Korea for some time and has been back and forth since then. When she visits, she stays with me at my residence.

Shortly after we returned from Vegas, I started researching all of the requirements and realized it probably would have been better to go the fiance visa route...but too late for that now, I guess.

Given this knowledge, will they think it's visa fraud or should I go through with filing the I-130, I-485, I-864, I-765, I-131, and G-325a? What should I do to make this work out right?

Thank you!

You say she left the US after you got married. If sahe had not left and you had filed the I-130 and the AOS you would have been fine, as you got married on the spur of the moment. Now that she has left and come back again you are in a very grey area. What was her intent when she last entered the US? was it to stay or was it to visit you then go home.

Sorry to keep asking questions but the information you need is dependant on what her intentions were when she last entered the US.

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Filed: Country: South Korea
Timeline
Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

When she entered the US on her B2 visa did she know she was to be getting married and then you would file the forms so she could stay or did she have no intention to get married when she entered and was going to be going back to Korea once her vacation was over?

Thank you for replying!!!

We had been talking about getting married but were planning to do it at the end of this year. However, a trip to Vegas came up unexpectedly and we decided to get married there one night. After we got back from Vegas, she returned to Korea for some time and has been back and forth since then. When she visits, she stays with me at my residence.

Shortly after we returned from Vegas, I started researching all of the requirements and realized it probably would have been better to go the fiance visa route...but too late for that now, I guess.

Given this knowledge, will they think it's visa fraud or should I go through with filing the I-130, I-485, I-864, I-765, I-131, and G-325a? What should I do to make this work out right?

Thank you!

You say she left the US after you got married. If she had not left and you had filed the I-130 and the AOS you would have been fine, as you got married on the spur of the moment. Now that she has left and come back again you are in a very grey area. What was her intent when she last entered the US? was it to stay or was it to visit you then go home.

Sorry to keep asking questions but the information you need is dependant on what her intentions were when she last entered the US.

No problem about the questions! Here is some more background information:

She has left the country and returned many times since we've been married. The reason why she comes and goes is because she is employed by a shoe designer in China. She works for that company full time and they send her here to attend fashion industry shows and to research trends in the shoe industry. She always books a roundtrip ticket from China (or Korea) to the US. I'm not sure if that is a way to prove intent or not.

Typically, her stay here is about 3-4 weeks and then returns to China for another few weeks and sometimes longer depending on whether she travels to Europe in between (for more shows and research).

The last time she entered the US was end of July and it was, again, for a fashion show. She has stayed here through August and is attending another show this week.

PS - the reason why she is working for this China company is because getting an H1B Visa in the US for a shoe designer is damn near impossible.

Please don't hesitate with any more questions.

Thank you!!

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Filed: Other Country: United Kingdom
Timeline
Hi

my name is justkris. i became usa citizen this month. now i want to put file for my parents who are in usa on visitor visa(B2).

now i want to put file i-130 and i-485 for them. but my problem is my mom's visa is expireing at october 13. so if i put file next month i don't know when USCIS will reply for that. during that period my mom can stay in usa or she have to go back to india?

please reply if somebody have solution or know the answer for this

thank you very much

You can file the I-130 and the I-485 together to the Chicago lockbox. Your mother would be allowed to remain in the USA while it is being processed.

OR

She can return home and you can file the I-130 and she can enter the US on a IR-5 immigrant visa and she will have her greencard from the day she enters on that visa.

WARNING!!!

If your mother entered the USA with the intent to remain, and once you became a USC, would file for AOS she could be committing Visa fraud.

If you file the I-130 and the I-485 to adjust her status she could be asked to show proof that she did intend to return to her home country after her vist. The sort of evidence that could ask for is, ownership of property, employment, bank accounts, statements from family and friends from her home country, that they were expecting her to return on a given date. It is up to the immigrant to prove that they did not intend to remain in the US. If USCIS were to find that your mother had intent to remain her application for AOS will be denied and she will have to leave the US.

Hi,

I am concerned about what you wrote here as I am about to file concurrent forms for my wife. Can you help me understand this a bit more?

Some brief background first: My S. Korean wife and I had a two year relationship while she was in the US on her student visa. When that expired, she returned to Korea and then back to the US on a B-2 Visa. We got married in Las Vegas recently and I am worried about the course I should take.

I was going to file the I-130 and the I-485 concurrently and wanted to understand the implications of doing this given the brief background I've provided. Some of the warnings I am reading scare me. I don't want to be separated from her because we didn't do the right thing.

Also, as I was filling out the I-130, it requests evidence of a bonafide marriage and I was going to put her on my apartment lease to show joint tenancy of common residency. Then, I read your post about intent to return to her country and the potential for visa fraud. She's got foreign bank accounts, etc, but I am not sure why she should have to show evidence that she intended to return to Korea? Why would it be visa fraud? What should I write in the I-130 and I-485 forms? Should I choose a different route?

Can someone PLEASE help me out with this? I don't want to making a big mistake.

Thank you!

Mark

When she entered the US on her B2 visa did she know she was to be getting married and then you would file the forms so she could stay or did she have no intention to get married when she entered and was going to be going back to Korea once her vacation was over?

Thank you for replying!!!

We had been talking about getting married but were planning to do it at the end of this year. However, a trip to Vegas came up unexpectedly and we decided to get married there one night. After we got back from Vegas, she returned to Korea for some time and has been back and forth since then. When she visits, she stays with me at my residence.

Shortly after we returned from Vegas, I started researching all of the requirements and realized it probably would have been better to go the fiance visa route...but too late for that now, I guess.

Given this knowledge, will they think it's visa fraud or should I go through with filing the I-130, I-485, I-864, I-765, I-131, and G-325a? What should I do to make this work out right?

Thank you!

You say she left the US after you got married. If she had not left and you had filed the I-130 and the AOS you would have been fine, as you got married on the spur of the moment. Now that she has left and come back again you are in a very grey area. What was her intent when she last entered the US? was it to stay or was it to visit you then go home.

Sorry to keep asking questions but the information you need is dependant on what her intentions were when she last entered the US.

No problem about the questions! Here is some more background information:

She has left the country and returned many times since we've been married. The reason why she comes and goes is because she is employed by a shoe designer in China. She works for that company full time and they send her here to attend fashion industry shows and to research trends in the shoe industry. She always books a roundtrip ticket from China (or Korea) to the US. I'm not sure if that is a way to prove intent or not.

Typically, her stay here is about 3-4 weeks and then returns to China for another few weeks and sometimes longer depending on whether she travels to Europe in between (for more shows and research).

The last time she entered the US was end of July and it was, again, for a fashion show. She has stayed here through August and is attending another show this week.

PS - the reason why she is working for this China company is because getting an H1B Visa in the US for a shoe designer is damn near impossible.

Please don't hesitate with any more questions.

Thank you!!

Well if she had no intent to get around the immigration laws when she entered then she can do AOS and remain, however I would recommend you have a meeting with a immigration lawyer to go over your case just to make sure you have nothing that could cause you any major issues now or in the future.

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