I-130 El Salvador Question

[ixt 0]

My father in Law who is being sponsored by my Salvadoran wife was given his "DO NOT OPEN" envelope and a travel visa to the states that is due on December 18th 2011.

What does my wife or he need to do to extend this time to June of 2012 in order to wrap up some business he has to finish in El Salvador before immigrating to the USA?

Will the embassy be flexible in extending this time he has on his visa to enter the usa so that he can stay in El Sal for a little longer?

[JimVaPhuong 4,863]

My father in Law who is being sponsored by my Salvadoran wife was given his "DO NOT OPEN" envelope and a travel visa to the states that is due on December 18th 2011.

What does my wife or he need to do to extend this time to June of 2012 in order to wrap up some business he has to finish in El Salvador before immigrating to the USA?

Will the embassy be flexible in extending this time he has on his visa to enter the usa so that he can stay in El Sal for a little longer?

He's not asking for a little longer. He's asking for a LOT longer. Consulates occasionally extend the validity of an issued visa by a few weeks or perhaps a month, but not by six months. He should have postponed the interview until he was ready to immigrate.

Two options:

First, he could go ahead and come to the US before his visa expires, wait a few weeks to get his green card, and then return to El Salvador to finish up his affairs. They won't presume he's abandoned his residence in the US as long as he returns within six months.

Second, he could go back to the consulate and have his visa cancelled. He can reapply next year when he's ready to immigrate. He'll need to pay the fees again, and may need to renew some documents and repeat the medical exam.

The first option is the best, in my opinion.

[Habakkuk2vs3 3]

i think the first option of the response above is the best as well...... :thumbs: JimVaPhuong

[ixt 0]

i think the first option of the response above is the best as well...... :thumbs: JimVaPhuong

Ok I agree, He can come up here in December and wait till the green card, then go back end of January. He needs to fix stuff in El Salvador in February. So the green card will be sent to his U.S. adress within only a few weeks? I have heard that it can take longer--months?

[JimVaPhuong 4,863]

Ok I agree, He can come up here in December and wait till the green card, then go back end of January. He needs to fix stuff in El Salvador in February. So the green card will be sent to his U.S. adress within only a few weeks? I have heard that it can take longer--months?

He doesn't have to adjust status after he arrives. He's already been approved for an immigrant visa. The only step remaining is to actually enter the US as an immigrant. That will automatically trigger the production of his green card. A few weeks is typical. A few months would indicate something is wrong.

If he gets an I-551 stamp in his passport then he's good to go - that will serve in lieu of his green card if he needs to leave the US. If he doesn't get an I-551 stamp when he enters the US then he could also make an Infopass appointment at a USCIS field office and get the I-551 stamp there. The point is that he becomes an LPR the moment he's admitted to the US.

[ixt 0]

Excellent. Things were sure alot easier pre 911. I married in country, then she came up on a tourist visa and we adjusted status up here. From what I hear, if we did that all again, we would have to go back to El Salvador and wait it out there while she works through the embassy.

He doesn't have to adjust status after he arrives. He's already been approved for an immigrant visa. The only step remaining is to actually enter the US as an immigrant. That will automatically trigger the production of his green card. A few weeks is typical. A few months would indicate something is wrong.

If he gets an I-551 stamp in his passport then he's good to go - that will serve in lieu of his green card if he needs to leave the US. If he doesn't get an I-551 stamp when he enters the US then he could also make an Infopass appointment at a USCIS field office and get the I-551 stamp there. The point is that he becomes an LPR the moment he's admitted to the US.

[JimVaPhuong 4,863]

Excellent. Things were sure alot easier pre 911. I married in country, then she came up on a tourist visa and we adjusted status up here. From what I hear, if we did that all again, we would have to go back to El Salvador and wait it out there while she works through the embassy.

That's still possible. However, non-immigrant visas come with the proviso that the alien does not intend to immigrate when they enter the US. Preconceived intent is illegal. If the consulate suspects it then they won't approve the non-immigrant visa. If CBP suspects it then they'll deny admission. USCIS won't deny adjustment of status if they suspect preconceived intent - that was ended by a series of BIA cases in the 1980's. However, if they determine the alien lied about their intent to either the consulate or CBP then they'll not only deny the adjustment of status - they'll ban the alien from the US for material misrepresentation.

Adjustment of status is only proper and correct if the alien has a visa that allows for immigrant intent, like a K1 or H1. An exception is an alien who enters with no intention of immigrating and their circumstances change after arriving. It's not supposed to be used as a fast-track alternative to the immigrant visa process. This aspect of immigration law did not change after 9/11. Preconceived intent was illegal prior to 9/11, as well.