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Staying in the US pending 485?

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  • Staying in the US pending 485?

    Hi

    We're looking to begin the green card process and have one question we hope to find answers for..

    Question- How long can my wife stay in the US after we send in our I-130+485 (Concurrent Filing)?

    i. Here's the black-white from the uscis webpage


    The website says "the relative can usually stay in the United States while waiting to become a permanent resident."

    ii. She is legally entering the US under the VWP, which to our understanding allows her to visit and stay in the US for up to 90 days.
    iii I am a US Citizen, so she is considered Immediate Family/Relative, as Spouse

    So, together with what we understand about Concurrent Filing, as long as she and I send in both 130/485 together while she is legally inside the US, then she can stay while the 485 is pending? But if she leaves the country at any point while the 485 is pending, then the 485 will be considered abandoned.
    So how long can she stay with the pending 485?

    Thanks hope I was clear enough with what I'm asking.
    Last edited by dpgsam; 05-20-2017, 11:00 PM.

  • #2
    She can stay in the US while AOS is pending. And in fact, she cannot leave the US until she gets Advance Parole or green card, or she will automatically abandon her AOS application.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      She can stay in the US while AOS is pending. And in fact, she cannot leave the US until she gets Advance Parole or green card, or she will automatically abandon her AOS application.
      Thank you for your thoughts, appreciate it.

      So just to get more reassurance, that our understanding here is correct,

      When she enters the US (foreigner/alien) via her VWP, legally, and then while she is here, we enter into Concurrent Filing, sending in both 130 and 485. Then if all continues to go well, she will now legally remain inside the US until the process is complete, for no matter how long that might end up taking. Otherwise, if she leaves at any point then, the application will become abandoned.

      Correct me if I'm wrong, or also please chime in if the above understanding is correct.

      Thanks so much!

      Comment


      • #4
        Originally posted by dpgsam View Post
        Thank you for your thoughts, appreciate it.

        So just to get more reassurance, that our understanding here is correct,

        When she enters the US (foreigner/alien) via her VWP, legally, and then while she is here, we enter into Concurrent Filing, sending in both 130 and 485. Then if all continues to go well, she will now legally remain inside the US until the process is complete, for no matter how long that might end up taking. Otherwise, if she leaves at any point then, the application will become abandoned.

        Correct me if I'm wrong, or also please chime in if the above understanding is correct.

        Thanks so much!
        she can apply for advance parole and if its granted she can leave. She just cant leave before she either has advance parole or green card in hand.

        Comment

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