Getting Mom In

[BobandXiaomei 14]

Jan 11th Lao Po passed her USC test in the morning and was sworn in as citizen that afternoon. Her mom's been living with us since this summer (tourist visa) and her I-94 has a Feb 11th date on it. Now we're gathering the I130 papers for Mom along with the (I864, I864A, G325, I485, etc...) in a effort to avoid having to leave to say Mexico and return back into the USA.

Anyone have experience doing this ?

Thanks!

[payxibka 10,045]

Jan 11th Lao Po passed her USC test in the morning and was sworn in as citizen that afternoon. Her mom's been living with us since this summer (tourist visa) and her I-94 has a Feb 11th date on it. Now we're gathering the I130 papers for Mom along with the (I864, I864A, G325, I485, etc...) in a effort to avoid having to leave to say Mexico and return back into the USA.

Anyone have experience doing this ?

Thanks!

Don't even consider a "step-out" to Mexico (or Canada)... It does not work in renewing the I-94.

[BobandXiaomei 14]

Don't even consider a "step-out" to Mexico (or Canada)... It does not work in renewing the I-94.

Really? Why not? That's contrary to all the other information I've obtained. Can you elaborate?

[payxibka 10,045]

Really? Why not? That's contrary to all the other information I've obtained. Can you elaborate?

One must leave (at a minimum) the WHTI area or the I-94 will be renewed for the original timeframe. There has been press on this over the years and that the CBP is trying to crack down "step-outs"

[BobandXiaomei 14]

One must leave (at a minimum) the WHTI area or the I-94 will be renewed for the original timeframe. There has been press on this over the years and that the CBP is trying to crack down "step-outs"

So the question is then does she have to leave at all if we file the I130 before then?

[payxibka 10,045]

So the question is then does she have to leave at all if we file the I130 before then?

The I-485 is the form that would put her in some sort of "pending" status... The I-130 alone would not do this

[pushbrk 12,979]

One must leave (at a minimum) the WHTI area or the I-94 will be renewed for the original timeframe. There has been press on this over the years and that the CBP is trying to crack down "step-outs"

Step-outs don't work on the VWP but they do work with B1B2 visas. I recently had an Aussie acquaintance leave for two-week cruise, then returned with a new I-94. Not sure adjusting status is going to work in this instance though. Sounds risky to me but I'm not intimately familiar with the exact circumstance.

[BobandXiaomei 14]

The I-485 is the form that would put her in some sort of "pending" status... The I-130 alone would not do this

Yes! I did download the I-485 form and we're sending that in with the I-130 packet.

Step-outs don't work on the VWP but they do work with B1B2 visas. I recently had an Aussie acquaintance leave for two-week cruise, then returned with a new I-94. Not sure adjusting status is going to work in this instance though. Sounds risky to me but I'm not intimately familiar with the exact circumstance.

Thanks Mike. Yes, she's tourist so she's in the B1B2 category.

[payxibka 10,045]

Thanks Mike. Yes, she's tourist so she's in the B1B2 category.

A two week step out versus a day or weekend step out might have a different result... just be informed and be careful...

[BobandXiaomei 14]

A two week step out versus a day or weekend step out might have a different result... just be informed and be careful...

Or I can file an I-539

[payxibka 10,045]

Or I can file an I-539

certainly an option .....

[BobandXiaomei 14]

certainly an option .....

The lady is in her late 70s' we don't need to be hauling her all over North America (and I don't want to go to Mexico for any reason).

[YuAndDan 153]

I will add one very important detail, traveling while I-485 is pending WITHOUT an AP doc in hand WILL get the I-485 DECLINED.

The only visa types that do not require an AP document are K-3, K-4, L-1, L-2, H-1, H-4, V-2, and V-3. B-Visas REQUIRE I-131 to be filed with the I-485, or after I-485 using a copy of I-485 (NOA1) to get an AP document.

[Dakine 26]

Jan 11th Lao Po passed her USC test in the morning and was sworn in as citizen that afternoon. Her mom's been living with us since this summer (tourist visa) and her I-94 has a Feb 11th date on it. Now we're gathering the I130 papers for Mom along with the (I864, I864A, G325, I485, etc...) in a effort to avoid having to leave to say Mexico and return back into the USA.

Anyone have experience doing this ?

Thanks!

Does anyone know what the chances are for a B1/B2 adjusting status while here.

Can they go home and do a CR-1 petition if denied AOS?

I've no idea myself.

Seems to me the chance of a successfull AOS would be VERY low as LOTS of people would be going for it!

[pushbrk 12,979]

I will add one very important detail, traveling while I-485 is pending WITHOUT an AP doc in hand WILL get the I-485 DECLINED.

The only visa types that do not require an AP document are K-3, K-4, L-1, L-2, H-1, H-4, V-2, and V-3. B-Visas REQUIRE I-131 to be filed with the I-485, or after I-485 using a copy of I-485 (NOA1) to get an AP document.

My read is that she can probably adjust status as long as she remains in the USA until she has advance parole and the I-130 and I-485 are filed concurrently.