My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:
1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?
2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?
3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?
B2 extension denied while I-130/I-485 pending
in Bringing Family Members of US Citizens to America
Posted
My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:
1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?
2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?
3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?