AOS for parents in the US

[christophec 16]

Hello everybody!

 

I will sponsor my parents, they are here on an investor visa for the past 5 years. their visa is ending in june 2021, I will file next month.

But 2 questions :

- I do the process online, and I filled out everything, and for some reason I did not see anywhere the I864. This is not applicable anymore ?

- I will apply for travel permits, if they are out of the country while their travel permit is approved, can they re-enter with it, if I mail it to them ? Just wondering, because they might have to be in and out for business purposes

 

thank you !

[aaron2020 11,651]

The I-864 is required. 

If they leave without AP in hand, they will abandon their AOS applications.  You can not mail it to them since they need AP in hand before leaving the US.  

[SusieQQQ 11,586]

1 hour ago, christophec said:

Hello everybody!

 

I will sponsor my parents, they are here on an investor visa for the past 5 years. their visa is ending in june 2021, I will file next month.

But 2 questions :

- I do the process online, and I filled out everything, and for some reason I did not see anywhere the I864. This is not applicable anymore ?

- I will apply for travel permits, if they are out of the country while their travel permit is approved, can they re-enter with it, if I mail it to them ? Just wondering, because they might have to be in and out for business purposes

 

thank you !

What type of investor visa are they on?

 

The I864 gets submitted later.

 

I presume you are trying to get them to maintain current visa status as long as they can and then sequence into adjustment pending (with EAD and AP) when that expires. If by travel permit you refer to advance parole while they have an adjustment of status application, they need that before they leave the country, if their existing visa or status has expired by then. In that instance, if they leave the country without that then they will have abandoned their adjustment application. AP card can take 6 months or more to get. so if you want them to move smoothly from their current status to adjustment pending after June, your best  chance is file ASAP so that they get AP (and EAD to continue working) in time. However, note this case may get complicated. If their current visa is a purely non immigrant visa (not dual intent), and they are using that to leave and re-enter before they get AP, my understanding is they may not be allowed back in on that after AOS is filed. Hope I have not been unclear in explaining.

 

 

Edited December 26, 2020 by SusieQQQ

[christophec 16]

They have an E2 visa.

So what is better ? To renew their visa now, and still apply for AOS at the same time ?

The time line is so thin, i am not sure what to do.

Or, apply for AOS now and just wait until they receive their AP.. that simple

 

[aaron2020 11,651]

Once the I-485 are filed, they will need AP to leave and be able to reenter the US.  If they leave the US without AP after filing the I-485, they will abandon the their AOS.  There is no way around this.  This is one of the limits of AOS.  If they leave without AP and use their existing visas to reenter the US, their AOS will still be abandoned.

[aaron2020 11,651]

Just now, christophec said:

They have an E2 visa.

So what is better ? To renew their visa now, and still apply for AOS at the same time ?

The time line is so thin, i am not sure what to do.

Or, apply for AOS now and just wait until they receive their AP.. that simple

 

Yes, it's that simple.  Once AOS is filed for, do not leave the US without AP in hand.  

[christophec 16]

Got it, makes total sense, all is clear. Thank you all so much for your help!

[SusieQQQ 11,586]

11 minutes ago, aaron2020 said:

Once the I-485 are filed, they will need AP to leave and be able to reenter the US.  If they leave the US without AP after filing the I-485, they will abandon the their AOS.  There is no way around this.  This is one of the limits of AOS.  If they leave without AP and use their existing visas to reenter the US, their AOS will still be abandoned.

That’s not true. They only need it if they have otherwise violated the terms of their underlying status or their prior status has expired. Many DV AOS filers maintain prior status and leave and re-enter on that after filing AOS. Same with H1B who have filed, but that’s dual intent and more clear cut.
 

However, because of the complications of non immigrants trying to re+enter with AOS filed, waiting till AP is safer.
 

 

Edited December 26, 2020 by SusieQQQ

[SteveInBostonI130 3,467]

1 hour ago, christophec said:

 

- I do the process online, and I filled out everything, and for some reason I did not see anywhere the I864. This is not applicable anymore ?

I assume you filed the I-130 online.  That petition does not require the I-864.  I-864 is needed when you file the I-485.

 

[christophec 16]

2 minutes ago, SteveInBostonI130 said:

I assume you filed the I-130 online.  That petition does not require the I-864.  I-864 is needed when you file the I-485.

 

But I am also filing the I485 automatically because they are in the US so it is an ajustement of status.  i am guessing it is automatically generated when I select that they are already in the US

[SteveInBostonI130 3,467]

Just now, christophec said:

But I am also filing the I485 automatically because they are in the US so it is an ajustement of status.  i am guessing it is automatically generated when I select that they are already in the US

No.  When you select that you are planning to AOS, then USCIS holds on to the I-130 after approval instead of sending it to the NVC.  You have to fill out and submit the I-485 for your parents, along with I-864, I-131, I-765 and I-944.  That last might not be required next year if the new administration cancels it or drops their defence of the lawsuits.  Also, the fees for I-485.

 

 

[christophec 16]

5 minutes ago, SteveInBostonI130 said:

No.  When you select that you are planning to AOS, then USCIS holds on to the I-130 after approval instead of sending it to the NVC.  You have to fill out and submit the I-485 for your parents, along with I-864, I-131, I-765 and I-944.  That last might not be required next year if the new administration cancels it or drops their defence of the lawsuits.  Also, the fees for I-485.

 

 

good to know... I have to fillout AOS paperwork and mail it or I can do do that online too ?

[SteveInBostonI130 3,467]

It is a paper form.  No online option.

[Boiler 45,664]

E2 is a non immigrant visa btw

[SusieQQQ 11,586]

4 hours ago, SusieQQQ said:

 

 

34 minutes ago, Boiler said:

E2 is a non immigrant visa btw

Ok then correction to my previous , if they leave after filing AOs they do need AP to re-enter.