Adjusting status of parent of US citizen who is in US on B1 / B2

[yemathums 0]

Hello all,

 

My wife previously immigrated to the US on a K1 from Vietnam, and since has become a naturalized citizen in May 2022. We got her mother a tourist visa late last year to come visit for a couple months to help with the last stages of my wife's pregnancy and first stages of our first child. Her mother liked it here more than we expected, and as the birth got close we discussed and decided she'd be OK to stay for a year or two and help with our baby. We already submitted a I-130 soon before the birth in December and are working on the I-485 now, but had some questions I was hoping this great community could assist with!

 

Her I-94 notes to admit until May, so I was not sure if that would be extended with the submittal/receipt of the I-485 or we also should submit a I-539? The long flight is a hardship for her so we'd rather she didn't have to go back and forth if possible. From looking at other forum posts, seems like the NOA for the I-485 should extend her visa until the petition is completed?

 

We also cancelled her return ticket since it was for late January since we realized we would need help longer than that. Would her not currently having a return ticket be an issue in this process? Wondering if we should book another return flight for her around the expiry of the I-94 to show our intent to follow the visa, or if that is not necessary if we are submitting the I-485. We'd like to do whatever we can to help the petition be successful. Any help is much appreciated!

[Mike E 11,740]

53 minutes ago, yemathums said:

 

Her I-94 notes to admit until May, so I was not sure if that would be extended with the submittal/receipt of the I-485 or we also should submit a I-539

The I-485 will grant authorized  presence  beyond the I-94. I-539 is useless these days and regardless a waste of time her situation. 

 

 

55 minutes ago, yemathums said:

Would her not currently having a return ticket be an issue in this process?

No issue 

 

55 minutes ago, yemathums said:

Wondering if we should book another return flight for her around the expiry of the I-94 to show our intent to follow the visa

Waste of money. 
 

56 minutes ago, yemathums said:

or if that is not necessary if we are submitting the I-485

Not necessary 

 

 

[yemathums 0]

Ok, I thought the I-529 might not be needed but thought I'd ask, thanks!

 

Was also wondering, should we expect the interview to be more difficult since she first came on the B1 / B2 visa before we applied for the adjustment of status? Wondering if that might be an issue during the process, we kind of changed our plans and submitted the I-130 a few weeks after she arrived.

[Ontarkie 14,280]

~~Moved to AOD from Work, Student and Tourist Visas - The OP's wife and MIL are changing process.~~

[Boiler 45,666]

1 hour ago, yemathums said:

Ok, I thought the I-529 might not be needed but thought I'd ask, thanks!

 

Was also wondering, should we expect the interview to be more difficult since she first came on the B1 / B2 visa before we applied for the adjustment of status? Wondering if that might be an issue during the process, we kind of changed our plans and submitted the I-130 a few weeks after she arrived.

Generally they do not seem to, interviews seem to be the same.

 

Just one thing this is not a we, it is her who is adjusting status and will be interviewed.

[yemathums 0]

1 hour ago, Boiler said:

Generally they do not seem to, interviews seem to be the same.

 

Just one thing this is not a we, it is her who is adjusting status and will be interviewed.

Good to know, thanks! And yes understood, just wrote "we" since we're all helping to prepare the forms and such. Thank you for the info!