dwood62786

Wow! You all have given me a lot to consider! I appreciate your help. I am going to talk to her and my husband. I didn't even know staying in the states and doing AOS was an option (my husband had already overstayed his B1 when I met him) thanks so much!!

22 minutes ago, missileman said:

A person can not enter the US via a B2 with the intent to immigrate.......Having submitted an I-485 clearly establishes immigrant intent.......therefore a person who has filed an I-485 MUST have a valid advance parole document to re-enter the US if he/she leaves prior to receiving a Green Card.  Current average processing time for advance parole per other VJ members is 139 days.

 

A person who leaves the US after submitting an I-485 without advance parole is deemed to have abandoned their adjustment of status.

Thank you for your reply. We haven't filed aby documents yet. I'm just trying to figure out which route is quickest as she would like to finish high school here in the US.

So could I enroll her in schook while the I-130 & I-485 are processing? Wouldnt that be overstaying her visa? She is going home next week. I didn't even know keeping her here was an option? Would it be quicker to keep her here than to go the consular route with the I-130 back in DR?? Thanks guys!

Yes  her mom wants her to immigrate. She is here (For Christmas break) until next week then back to DR.

Hello,

I am a US Citizen. My 14 year old step-daughter has a 10 year  B1/B2 Visa that she uses to visit us in Florida from time to time. She lives in her home country (Dominican Republic) with her mother. Her father (my husband) had an EAD card but now its a 2 year green card with renewal scheduled at end of 2019. We didn't adjust her status when we adjusted his because I was a student at the time and we barely had enough income for his. Anyways I am confused on whether or not I can file the I-130 concurrently with the I-485 for her or do I start off with the I-130? Also, will she have to surrender her tourist visa while the AOS is pending?

Thank You!