Initiate AOS for beneficiary out of the country?

[RnJ2021 59]

My friends (USC/Ukrainian)  have been married for 4ish years but never got around getting her a green card.

Now they are 100% ready to go - they promise. She obviously has a tourist visa.

Can he initiate the AOS whilst she pops over to see her father in Ireland for a bit?

She is closing in on 180 days on her current I91

Will there be a problem with her re-entering while an AOS is in process?

TIA

[OldUser 5,077]

Adjustment of status must be filed in the US and the immigrant cannot leave the US until received Advance Parole. Otherwise, petition will be considered abandoned.

 

If, on the other hand, she decides to go via consular processing route, she may have issues re-entering the US while waiting for her immigrant visa.

Edited March 10, 2023 by OldUser

[Boiler 43,731]

If she is going to adjust it will be next year before she can travel

[Rocio0010 5,573]

Tell your friends to join this forum for first hand info!

[RnJ2021 59]

Thanks all. They will continue with the I-130 and submit theI-485 if she returns before the I-130 is approved

[Boiler 43,731]

5 hours ago, RnJ2021 said:

Thanks all. They will continue with the I-130 and submit theI-485 if she returns before the I-130 is approved

Not how it works, leaving aside the chance f being admitted with that history, a B2 is a non immigrant visa..

[Allaboutwaiting 2,500]

So she is currently visiting the US, leaving a little before her I-94 expires and wants to return to the US to adjust status?

 

That is immigration fraud. 

 

And BTW, if she leaves and returns soon after a six month long stay, it is almost 100% chance she won't be admitted.

Edited March 10, 2023 by Allaboutwaiting

[RnJ2021 59]

1 hour ago, Allaboutwaiting said:

So she is currently visiting the US, leaving a little before her I-94 expires and wants to return to the US to adjust status?

 

That is immigration fraud. 

 

And BTW, if she leaves and returns soon after a six month long stay, it is almost 100% chance she won't be admitted.

I see a lot of discussion about an I-485 filed after an I-130. She can certainly stay outside of the USA until the I-130 is approved. I wonder why the I-130 then I-485 shows up so often in the forums. 

[Boiler 43,731]

2 minutes ago, RnJ2021 said:

I see a lot of discussion about an I-485 filed after an I-130. She can certainly stay outside of the USA until the I-130 is approved. I wonder why the I-130 then I-485 shows up so often in the forums. 

It is for people eligible to file.

[RnJ2021 59]

3 minutes ago, Boiler said:

It is for people eligible to file.

LOL, I was reading through the I-485 eligibility criteria and got a headache.

[Allaboutwaiting 2,500]

17 minutes ago, RnJ2021 said:

I see a lot of discussion about an I-485 filed after an I-130. She can certainly stay outside of the USA until the I-130 is approved. I wonder why the I-130 then I-485 shows up so often in the forums. 

If an I-130 is filed while she's out of the country she is not eligible to adjust status. Full stop. 

[RnJ2021 59]

4 minutes ago, Allaboutwaiting said:

If an I-130 is filed while she's out of the country she is not eligible to adjust status. Full stop. 

We are actually going to get it filed before she leaves (I hope).

[Allaboutwaiting 2,500]

Just now, RnJ2021 said:

We are actually going to get it filed before she leaves (I hope).

We? Thought you were asking for a friend. 

 

It seems you are not understanding or you don't want to: you are openly stating you're planning on committing immigration fraud and asking how to do it. 

[JeanneAdil 6,252]

31 minutes ago, RnJ2021 said:

LOL, I was reading through the I-485 eligibility criteria and got a headache.

If she was in US ,  the I 130 would accompany the I 485 and other forms for Advanced parole (I 131) and EAD (I 765)

 

unfortunately USCIS uses the same initials for different processes

AP can be advance parole or adiministration processing

AOS can be adjustment of status (i 485)  of Affidavit of support for CR1 (I 864)

 

Yeah and a K1 is non immigrant visa but on CEAC site u look up case status  an immigrant

 

Confusing ,  yeah 

 

[RnJ2021 59]

37 minutes ago, Allaboutwaiting said:

We? Thought you were asking for a friend. 

 

It seems you are not understanding or you don't want to: you are openly stating you're planning on committing immigration fraud and asking how to do it. 

Not true. What I learned today from this group is that in her case, the I-485 does not apply.

There are complicated relationships and then there are COMPLICATED relationships. This couple has the latter.

And yes, I am helping them.