Originally posted by Theoyen
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B-2 Tourist Visa can i file AOS?
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Originally posted by Libra_14 View PostVisa is merely for entry purpose - she need to have a valid visa only on the date of entry - doesn't matter when it expires post entry into USA.
Her entry is defined on I94 & she need to return by that date (which might be same as visa expiry of 6 months from date of entry) or file for AOS before I94 date.
She can stay beyond I94 date in USA because her application of AOS is in process (not because she is considered relative) - so AOS need to be filed atleast a week before I94 expiry date.
Along with the 3 forms mentioned above, do i also need to file form I-130 for her mother if we decide to adjust her status while she is in the states? so an additional fee of $535 for I-130?
Just wanting to make sure i understand this correctly.
Thanks.
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Originally posted by Theoyen View PostShe can stay here if she files for AOS even though her stamp visa might expire pending the AOS (is it because she is considered an immediate relative mother to her US citizen daughter?)
Her entry is defined on I94 & she need to return by that date (which might be same as visa expiry of 6 months from date of entry) or file for AOS before I94 date.
She can stay beyond I94 date in USA because her application of AOS is in process (not because she is considered relative) - so AOS need to be filed atleast a week before I94 expiry date.
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Originally posted by Theoyen View PostI-131 travel document $575 (how long it taking to approve ballpark) is this wise to file just in case she needs to go back home for emergency right?
I-485 AOS for green card $1,225 (how long it's taking to approve and receive gc ballpark?)
I-765 app for employment authorization $495 (is this form required to get a green card)?
If someone is entering the USA on B2 the intention should be just to visit and not stay permanently. Of course that can change after a few weeks. Do the person plan to travel with a return ticket or only one-way? I guess if only one-way could look suspicious.
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Originally posted by Libra_14 View PostThat's not true, a lot of people stays in USA awaiting their AOS to complete & that is legal & won't cause deportation.
Thats what was my first suggestion. Get renewal first in her home country. Then have her visit USA on B2 visa & then file AOS (though it will take time).
I-130 Petition for relative $535 (how long it's taking to approve and interview ballpark?) so this will get processed in states and not in the foreign country consular? Do you have to file this form too or just the I-485?
I-131 travel document $575 (how long it taking to approve ballpark) is this wise to file just in case she needs to go back home for emergency right?
I-485 AOS for green card $1,225 (how long it's taking to approve and receive gc ballpark?)
I-765 app for employment authorization $495 (is this form required to get a green card)?
man that's like $2,830 in form fees.
Thank you so much for your wealth of information.
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Originally posted by Theoyen View PostIf we do the AOS for her while she is in the states, she will overstay in a limbo category and cannot leave the states while the AOS is pending so if a a police office ask her of her permanent resident status and her stamped on her passport admitted until expires by CBP (usually 6 months stay) will she get deported?
Originally posted by Theoyen View PostIf we file for her mom I-130 before she comes to visit the states, we risk her B-2 renewal approval if she decides to renew it later expires 8/20/19.
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Originally posted by Libra_14 View PostThat's correct - AOS (Adjustment of status) can be done only when the person is inside USA. If the person leaves USA while the AOS is in process, he/she will loose "current status" & so the "adjustment" will treated as abandoned.
Not sure about the timelines, but she can continue to stay while the AOS is in process.
I have a headache now and don't know what to do? . If we do the AOS for her while she is in the states, she will overstay in a limbo category and cannot leave the states while the AOS is pending so if a a police office ask her of her permanent resident status and her stamped on her passport admitted until expires by CBP (usually 6 months stay) will she get deported? I'm so confuse after talking to that attorney. The attorney said that is a risk you take (which doesn't make sense to me). I thought attorneys are suppose to advise you on the best course of action???
If we file for her mom I-130 before she comes to visit the states, we risk her B-2 renewal approval if she decides to renew it later expires 8/20/19.
Don't know what to do?
We will file the I-130 for her dad, younger sisters (2) , and younger brother with the fee of $535 each will cost total 2,140 after she gets her citizenship certificate. This i can do as it is straight forward. It's her mother that i'm worried about.
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Originally posted by Theoyen View PostIf we decide to hire an attorney and file AOS for her mother, how long (ball park is it taking for her to get her green card)? Also, i heard she won't be able to leave the states until she is issued a green card or else it's consider application abandonment.
Not sure about the timelines, but she can continue to stay while the AOS is in process.
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Originally posted by Libra_14 View PostVisa is merely for the entry purpose & does not define your stay. One can enter into USA with the visa getting expired the very next day & still can get 6 month I94.
Ofcourse, it all depends on the discretion of the POE officer - but mostly she will get 6 months I94 & can stay beyond her current visa expiry.
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Originally posted by Theoyen View PostSo can my wife's mom visit the States say in August 2019 and when she enters the port of entry, the CBP will give her 6 months even though her visa valid is up to 8/20/19 will she be able to stay beyond 8/20/19 but less than 6 months the CBP stamps her passport? I'm confused as I thought she can only stay in the States up to her visa valid date 8/20/19?
Will the CBP deny her entry because it is close to her visa expire date?
Thanks.
Ofcourse, it all depends on the discretion of the POE officer - but mostly she will get 6 months I94 & can stay beyond her current visa expiry.
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So can my wife's mom visit the States say in August 2019 and when she enters the port of entry, the CBP will give her 6 months even though her visa valid is up to 8/20/19 will she be able to stay beyond 8/20/19 but less than 6 months the CBP stamps her passport? I'm confused as I thought she can only stay in the States up to her visa valid date 8/20/19?
Will the CBP deny her entry because it is close to her visa expire date?
Thanks.
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Originally posted by Theoyen View PostSo can i file AOS while she is here on a B-2 Visa or it's not recommended?
Originally posted by Theoyen View PostAlso if we file the I-130 once my wife receives her naturalization certificate, and her mom comes over on a B-1 visa in March/April 2019, will CBP stop her and deny her entry even though her B-2 visa doesn't expire until 8/20/19?
My suggestion would be to file for B2 renewal now & then have her travel in Mar/Apr 2019 & once she is in USA, then you file for I130.
Hope this helps.
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Originally posted by Libra_14 View PostFile for B2 renewal in Jan/Feb 2019, have her travel in Mar/Apr 2019 & then you file for I130.
B2 after I130 is very difficult.
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Originally posted by Theoyen View PostHi All,
Sorry if this question has been asked numerous times but wanted confirmation before proceeding. My wife recently passed her citizenship test and awaiting Oath Ceremony. She will file for her mom I-130 once she receives her naturalization certificate.
Her mom has a B-2 Visa and expires 8/20/019. She has visited the states 2 times already in 2016 and 2017 with length of stay less than 6 months. She plans on coming over here to visit and take care of our kids in April. Can we apply to adjust her status so she gets a green card or it's not advise as her B-2 was intended for tourist not permanent resident (heard people say yes it's fine others say no? Also if she renews her B-2 Visa, will it likely be denied knowing that there is an I-130 pending. We have a baby on the way and would like for her to come and help take care of the new born expecting 9/2019.
It's a tough situation were in and don't know what to do as if we file the I-130 it will probably take 1 yr for her to immigrant over here and risk the B-2 renewal approval but if we wait and not file I-130 it's just going to take longer for her to immigrant here.
Thanks all for your thoughts!
B2 after I130 is very difficult.
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B-2 Tourist Visa can i file AOS?
Hi All,
Sorry if this question has been asked numerous times but wanted confirmation before proceeding. My wife recently passed her citizenship test and awaiting Oath Ceremony. She will file for her mom I-130 once she receives her naturalization certificate.
Her mom has a B-2 Visa and expires 8/20/019. She has visited the states 2 times already in 2016 and 2017 with length of stay less than 6 months. She plans on coming over here to visit and take care of our kids in April. Can we apply to adjust her status so she gets a green card or it's not advise as her B-2 was intended for tourist not permanent resident (heard people say yes it's fine others say no? Also if she renews her B-2 Visa, will it likely be denied knowing that there is an I-130 pending. We have a baby on the way and would like for her to come and help take care of the new born expecting 9/2019.
It's a tough situation were in and don't know what to do as if we file the I-130 it will probably take 1 yr for her to immigrant over here and risk the B-2 renewal approval but if we wait and not file I-130 it's just going to take longer for her to immigrant here.
Thanks all for your thoughts!Tags: None
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