Filed I-485, now what?

L

Larry D

New Member
My wife is in the U.S. on a Brazilian tourist visa, but it expires in less than two months. After filing I-485, I-765 (application for employment authorization), and I-131 (application for travel document), we were told that she can immediately legally stay here and work as long as the I-485 is pending. But, we do not know how long we have to wait for her social security card and a visa or document stating that she can stay in the U.S. until the I-485 decision is made. Can someone answer me about this? Is there more to do, than just wait? We are concerned that her current visa will expire before we receive any other documentation. All we have now are receipts from the USCIS. Thank you for your response.
 
Yes her current authorized stay will most likely expire before any of the forms she filed gets approved. However, she can remain in the US after her current authorized stay expires because of the pending I-485. She cannot work until after the I-765 has been approved, the approval will be several months down the road. So yes, all you can do at this point is wait.
 
So, if she leaves for a visit to Brazil to take care of necessary family matters, what paper(s) does she need to return to the U.S. (while the I-485 is still pending, but her current visa has expired)? Only the receipt documents? And if she leaves after her current visa has expired, is that a problem?
 
Leaving is never the issue, coming back is: if her visa is expired, she will need the approved Advance Parole (i-131) or a new visa (EDIT: probably not a new visa actually because it is most likely not a dual intent visa, her i-485 would get denied as she left).
 
She will need an approved AP (I-131) before leaving the US. If she leaves before this form gets approved, not only will she not be able to return to the US, her pending I-485 will be considered abandoned and subsequently denied. The I-131 approval will take a couple of months, so she basically should not travel before then is what it boils down to at this point.
 
@Larry D
Since your wife came to US on visitors visa, she should hold back not leaving US until I-485 gets approved. she could be subject to additional scrutiny at port of entry when she tries to reenter because of her past entry into US on visitors visa & subsequently filing I-130/485.
 
Sm1smom said:
She will need an approved AP (I-131) before leaving the US. If she leaves before this form gets approved, not only will she not be able to return to the US, her pending I-485 will be considered abandoned and subsequently denied. The I-131 approval will take a couple of months, so she basically should not travel before then is what it boils down to at this point.
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Thank you Sm1smom
 
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