Jump to content
M & J

adjusting status for mother in law

55 posts in this topic

Recommended Posts

Hello,

 

I need some guidance.  We received approval for my mother-in-law's i-130 and planned to submit the i-485 once she returned on her b-2 visitor.   I just finished the application, but she is scheduled to return to her home country in about a month. The plan was for her to return again once we knew when her biometric appointment was scheduled.  I'm hesitant to submit now because the i-485 instructions indicate her application may be denied if she leaves the country while her application is pending even though she is leaving so not to overstay her visitor's visa.  I am aware that I can also file an i-131 with the i-485 but am concerned that I will not obtain the travel document before she is scheduled to leave.

 

Can anyone give me guidance how best to approach this situation? Thanks in advance! 

 

 

 


11-27-10 Mailed I-129F package

11-30-10 Package delievered to Dallas Lockbox

12-02-10 NOA1 notice date

12-03-10 check cashed

12-06-10 received NOA1 email

12-08-10 "touched"

12-10-10 received hardcopy of NOA1

04-08-11 NOA 2!!!

04-15-11 NVC Received

04-20-11 NVC left (to the wrong embassy...*boo hoo*)

05-06-11 Embassy Received (to the right embassy *yay!*)

05-14-11 Packet 3 Received

05-16-11 Packet 3 Sent

Share this post


Link to post
Share on other sites

If she leaves with a pending aos (i485) petition without having ap (i131) or green card, her case will be deemed abandoned and it will be denied.

 

If you want to do this right now, make sure you send it in before her the date on her i94 so she won’t be overstaying. If you apply she won’t be able to leave and come back without ap or green card. Ap is taking around 6 months right now, the green card may take a lot longer but depends on location.

 

if it’s decided not to file right now, she can’t come back with her visitors visa and plan to adjust status, just so you know 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

Share this post


Link to post
Share on other sites

Any i485 is deemed abandoned as soon as one leaves the US.

Either she waits a few months for AP after i485 submitted, or she interviews in her country. There's a good change she may not be readmitted into the US on the b2.. as the i130 has been approved.


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

Thank you for confirming my suspicions that we were about to go down the wrong path.  It's definitely not our intention to commit fraud. However, I wrongfully assumed that she could apply to adjust her status while visiting given that is the only way she can lawfully be in the US.  We will submit an i-824 to have her approved petition sent to the embassy in her country and she will complete the process at home. 


11-27-10 Mailed I-129F package

11-30-10 Package delievered to Dallas Lockbox

12-02-10 NOA1 notice date

12-03-10 check cashed

12-06-10 received NOA1 email

12-08-10 "touched"

12-10-10 received hardcopy of NOA1

04-08-11 NOA 2!!!

04-15-11 NVC Received

04-20-11 NVC left (to the wrong embassy...*boo hoo*)

05-06-11 Embassy Received (to the right embassy *yay!*)

05-14-11 Packet 3 Received

05-16-11 Packet 3 Sent

Share this post


Link to post
Share on other sites

She can 

 

You said she wants to go home and then 'visit' and adjust.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
14 minutes ago, M & J said:

Thank you for confirming my suspicions that we were about to go down the wrong path.  It's definitely not our intention to commit fraud. However, I wrongfully assumed that she could apply to adjust her status while visiting given that is the only way she can lawfully be in the US.  We will submit an i-824 to have her approved petition sent to the embassy in her country and she will complete the process at home. 

Did u indicated that she would AOS in the I-130?

Share this post


Link to post
Share on other sites
42 minutes ago, missileman said:

A person can not enter the US via a B2 with the intent to file an I-485.  Visa fraud........even if she was allowed into the US, USCIS will look at the date of the I-130, her entry dates, etc at AOS.........prepare for scrutiny, imo.

 

I think you possibly have a legal mess on your hands.

Her i-130 was approved on 3-2018. She entered the US in 11-2018 to help with our newborn son.  She is scheduled to leave at the end of April although she can stay until mid-May based on her i-94.  I wrongfully assumed we could adjust her status next time she was in the US based on a question on the i130 without considering the type of visa she uses to enter the country.  :(  At any rate, thank you for responding. 


11-27-10 Mailed I-129F package

11-30-10 Package delievered to Dallas Lockbox

12-02-10 NOA1 notice date

12-03-10 check cashed

12-06-10 received NOA1 email

12-08-10 "touched"

12-10-10 received hardcopy of NOA1

04-08-11 NOA 2!!!

04-15-11 NVC Received

04-20-11 NVC left (to the wrong embassy...*boo hoo*)

05-06-11 Embassy Received (to the right embassy *yay!*)

05-14-11 Packet 3 Received

05-16-11 Packet 3 Sent

Share this post


Link to post
Share on other sites
Posted (edited)
3 minutes ago, M & J said:

Her i-130 was approved on 3-2018. She entered the US in 11-2018 to help with our newborn son.  She is scheduled to leave at the end of April although she can stay until mid-May based on her i-94.  I wrongfully assumed we could adjust her status next time she was in the US based on a question on the i130 without considering the type of visa she uses to enter the country.  :(  At any rate, thank you for responding. 

My understanding is that She could submit the I-485 now since she was allowed into the US without intent.......but she can't leave until she receives advance parole.......4-6 months after submitting the I-131.

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
5 minutes ago, aaron2020 said:

Did u indicated that she would AOS in the I-130?

Yes, I indicated on the i-130 she would AOS in the US.  Therefore, the I-797 states that she could AOS in the US. 


11-27-10 Mailed I-129F package

11-30-10 Package delievered to Dallas Lockbox

12-02-10 NOA1 notice date

12-03-10 check cashed

12-06-10 received NOA1 email

12-08-10 "touched"

12-10-10 received hardcopy of NOA1

04-08-11 NOA 2!!!

04-15-11 NVC Received

04-20-11 NVC left (to the wrong embassy...*boo hoo*)

05-06-11 Embassy Received (to the right embassy *yay!*)

05-14-11 Packet 3 Received

05-16-11 Packet 3 Sent

Share this post


Link to post
Share on other sites
Just now, M & J said:

Yes, I indicated on the i-130 she would AOS in the US.  Therefore, the I-797 states that she could AOS in the US. 

She can file for AOS in the US. 

 

Overstaying her visa is not a problem.  Even if she was out of status, you can file the I-485 for her since overstay does not matter for an Immediate Relative of a US citizen.  She's being petitioned by a US citizen child, so it's not a problem.  She would be legal in the US. 

 

THE BIG PROBLEM IS LEAVING THE US WITHOUT AP.  Mom can file the I-485 and be legal in the US - even if she overstays.  Leaving the US without AP or a green card are the ONLY WAY to screw up the AOS because it would be deemed abandonment of the AOS for leaving without AP or a green card.

 

Can mom stay in the US for the next 5-7 months to wait for AP before heading back to her home country?

Share this post


Link to post
Share on other sites
13 minutes ago, M & J said:

Her i-130 was approved on 3-2018. She entered the US in 11-2018 to help with our newborn son.  She is scheduled to leave at the end of April although she can stay until mid-May based on her i-94.  I wrongfully assumed we could adjust her status next time she was in the US based on a question on the i130 without considering the type of visa she uses to enter the country.  :(  At any rate, thank you for responding. 

That question is primarily for folks in the US on a fiance/work visa (K1/H1/L1) that have dual intent. B2 visa does not have dual intent, so entering on a B2 visa with intent to adjust status is visa fraud. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

It would only be fraud if mom enters the US on the visitor visa with the intent to immigrate.

 

Perfectly fine for mom to file the I-485 now and wait for AP to leave and be permitted back into the US to continue her AOS.  

 

OP genuinely thought it was legal for her mom to leave and come back on the B2.  Seems like she now understands that is not possible.  There doesn't seem to be an intent to commit fraud.  

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×