AOS advice

[mnskol 0]

Can you file an I-130 while the beneficiary is still in the U.S? (they have a return ticket in February)  Since there's no risk of an interview prior to that....I'm assuming that's no issue?

 

Since they are here...and legally eligible to adjust status from their B2 visa....are there pros/cons to staying and adjusting status versus filing the I-130 and returning home and following the more traditional path?  For instance, is the likelihood of a denial greater trying to adjust status versus the "normal" way?  The concern is about risking future travel ability on a B2 if for some reason it got denied.

 

Thanks.

[ThomasNC1988 762]

A lot of people are going to get up here and tell you about having to prove you didn't have intent blah blah blah. They are wrong. You can file I-130 and 485 together and they can stay or you can file I-130 and they can go home and get a cr-1 visa. Pros and Cons are if you adjust status while shes here she can not leave and will not be able to work. If she goes home obviously she has to go home but she can still visit as long as CPB lets her. 

[AtlToBlr 64]

Just now, ThomasNC1988 said:

while shes here she can not leave and will not be able to work

Little modification to this..she can not leave or work TILL she gets her EAD/Travel card which currently takes 4-6 months for application. 
Other than that, AOS is the best way for you two to stay together. Neither AOS nor CR1 guarantees higher rate of success in my opinion. 

 

If it was me, I would be filing for AOS asap. Are you two married? 

[mnskol 0]

1 minute ago, ThomasNC1988 said:

A lot of people are going to get up here and tell you about having to prove you didn't have intent blah blah blah. They are wrong. You can file I-130 and 485 together and they can stay or you can file I-130 and they can go home and get a cr-1 visa. Pros and Cons are if you adjust status while shes here she can not leave and will not be able to work. If she goes home obviously she has to go home but she can still visit as long as CPB lets her. 

This is a parent on a B2...by the way.  Thanks.  Yeah, I've seen the angry mob in action here before.  She has a return ticket for Feb and did not enter the U.S. intending to stay.  In fact, she'd like to return home rather than wait out the AOS process.  But, since she's eligible to adjust status while she's here....we're just trying to determine the best course of action.

4 minutes ago, AtlToBlr said:

Little modification to this..she can not leave or work TILL she gets her EAD/Travel card which currently takes 4-6 months for application. 
Other than that, AOS is the best way for you two to stay together. Neither AOS nor CR1 guarantees higher rate of success in my opinion. 

 

If it was me, I would be filing for AOS asap. Are you two married? 

Sorry...parent on a B2.

[ThomasNC1988 762]

1 minute ago, mnskol said:

This is a parent on a B2...by the way.  Thanks.  Yeah, I've seen the angry mob in action here before.  She has a return ticket for Feb and did not enter the U.S. intending to stay.  In fact, she'd like to return home rather than wait out the AOS process.  But, since she's eligible to adjust status while she's here....we're just trying to determine the best course of action.

Sorry...parent on a B2.

I would consider filing then returning home if that is her desire. Like I said before she can still visit so it is not really an issue. Just remember that a GC means she has to live here and sometimes people are seen as abandoning them if they spend to much time out of the US. 

[geowrian 22,335]

9 minutes ago, mnskol said:

In fact, she'd like to return home rather than wait out the AOS process.

Then why are you opposed to doing that if that's what she wants?

 

Edit: Or are you just looking for advantages/disadvantages? If so, the advantage of AOS is not being separated. There's few other reasons to do AOS versus an immigrant visa.

Edited November 28, 2018 by geowrian

[mnskol 0]

Just now, geowrian said:

Then why are you opposed to doing that if that's what she wants?

I'm not.  I'm not the decision maker.

[aznhouston 124]

On 11/28/2018 at 12:10 PM, ThomasNC1988 said:

A lot of people are going to get up here and tell you about having to prove you didn't have intent blah blah blah. They are wrong. You can file I-130 and 485 together and they can stay or you can file I-130 and they can go home and get a cr-1 visa. Pros and Cons are if you adjust status while shes here she can not leave and will not be able to work. If she goes home obviously she has to go home but she can still visit as long as CPB lets her. 

No, they are not wrong. They just want person like this to think of the consequence. It's like you're here on business visa and all of the sudden decide to adjust the status (not even from marriage but chain sponsorship). Oh how convenient!

Sponsoring parents through regular route is not that big of a hassle.

Edited November 29, 2018 by hoangthaihuy