I need your help please

[Fireman]

Hello my fellow members:
my wife is a international residents and she is currently here in the states. she wants to become a US resident so i file the I-130 and the I-485 form, so now i am waiting for approval. Now my question is does she has to go back to here country or she could stay here until the Forms are approved?

the process has only just begin so i will be sure to update you all on this and let you know the out come.

thanks

 

[Jackolantern]

If she wants to pursue the green card to completion via the I-485/adjustment of status, she needs to remain in the US* until Advance Parole is approved (which will take 1-3 months after the I-131 is filed), and she needs to be in the US for fingerprinting and the interview.

The other option is to complete the process at a consulate in her country. But that would involve withdrawing or abandoning the I-485 and requesting a switch to consular processing.

I assume you are a US citizen? If not, her I-485 will be rejected.

*unless she has an H1B or L1 visa

 

[Fireman]

If she wants to pursue the green card to completion via the I-485/adjustment of status, she needs to remain in the US* until Advance Parole is approved (which will take 1-3 months after the I-131 is filed), and she needs to be in the US for fingerprinting and the interview.

The other option is to complete the process at a consulate in her country. But that would involve withdrawing or abandoning the I-485 and requesting a switch to consular processing.

I assume you are a US citizen? If not, her I-485 will be rejected.

*unless she has an H1B or L1 visa

Yes I'm a US citizen. I have already submited the documents so i don't really want to go throught the trouble of trying to abandoning the doc. and further more i really rather she stay here.

the reason for me asking is that she has 6 month in the country but decided she rather stay, so i filled her doc. and was unclear whether or not she has to go back

thanks for your response

 

[Jackolantern]

Yes I'm a US citizen. I have already submited the documents so i don't really want to go throught the trouble of trying to abandoning the doc. and further more i really rather she stay here.

You wouldn't abandon the whole thing, the I-130 would stay in place but the I-485 would need to be discarded because I-485 is not applicable when following the process at the consulate outside the US.

the reason for me asking is that she has 6 month in the country but decided she rather stay, so i filled her doc. and was unclear whether or not she has to go back

Having filed the I-485, she can stay in the US until approved or denied, but must have Advance Parole if she wants to travel outside the US during the process.

 

[Fireman]

Ok. you have been such a wonderful help so far....

Having filed the I-485, she can stay in the US until approved or denied, but must have Advance Parole if she wants to travel outside the US during the process.

now this has taken me to my next question how can i get or apply for Advance Parole.

I thank you so much for your help

 

[Jackolantern]

Ok. you have been such a wonderful help so far.... now this has taken me to my next question how can i get or apply for Advance Parole.

You didn't apply for it with the I-485? Applying for Advance Parole is not mandatory, but the fact that you don't know how to apply for it suggests that it's possible you do not know of all the mandatory forms associated with the I-485, such as I-693, I-864, and G-325A. Did you file those forms? What about the I-765 (which is optional, but useful)?

Anyway, form I-131 is used to apply for Advance Parole. The instructions say where to send it. Since you didn't file it together with the I-485 form, you must wait for the I-485 receipt and then send the I-131 with a copy of the I-485 receipt. There is no extra fee for the I-131 in your case, as it is included in the cost of the I-485 (people filing I-131 in other circumstances may need to pay a fee).

 

[Fireman]

You didn't apply for it with the I-485? Applying for Advance Parole is not mandatory, but the fact that you don't know how to apply for it suggests that it's possible you do not know of all the mandatory forms associated with the I-485, such as I-693, I-864, and G-325A. Did you file those forms? What about the I-765 (which is optional, but useful)?

Anyway, form I-131 is used to apply for Advance Parole. The instructions say where to send it. Since you didn't file it together with the I-485 form, you must wait for the I-485 receipt and then send the I-131 with a copy of the I-485 receipt. There is no extra fee for the I-131 in your case, as it is included in the cost of the I-485 (people filing I-131 in other circumstances may need to pay a fee).

i have filed I-130, I-485, I-765, I-131 and I-864 all togething......was just checkig backover my copy of the doc and see whereby the I-131 was actually the travel form which is the same as Advance Parole form. i think that is all i need for now right?