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Can B-2 Visa holders stay during a pending I-130 & I-485 application?

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  • Can B-2 Visa holders stay during a pending I-130 & I-485 application?

    My father is marrying a foreign national this week and I am helping him get all the immigration papers in order for her and her two sons, who are also here on B-2 visas. The eldest son is 17 and the youngest is 13. We are filing the I-130 and I-485 concurrently for my stepmother, and I-130 for my stepbrothers. My stepmother's visa expires on the 10/16/07, and my stepbrothers visa expire on the 9/22/07. Here are my questions:

    (1) Do my stepbrothers have to leave the country while their I-130s are pending?

    (2) Does my stepmother have to leave while her I-130 and I-485 are pending, even though she is married to a US citizen.

    (3) Should I also file form I-485 concurrrently with the I-130 for my stepbrothers.

    This whole process is rather daunting, and any advise you could give would be most appreciated. Thanks.

  • #2
    Answers in bold.

    Originally posted by remy1973
    My father is marrying a foreign national this week and I am helping him get all the immigration papers in order for her and her two sons, who are also here on B-2 visas. The eldest son is 17 and the youngest is 13. We are filing the I-130 and I-485 concurrently for my stepmother, and I-130 for my stepbrothers. My stepmother's visa expires on the 10/16/07, and my stepbrothers visa expire on the 9/22/07. Here are my questions:

    (1) Do my stepbrothers have to leave the country while their I-130s are pending? Who is filing I-130 for them? if your dad adopts them, they can file I-485.

    (2) Does my stepmother have to leave while her I-130 and I-485 are pending, even though she is married to a US citizen. No.

    (3) Should I also file form I-485 concurrrently with the I-130 for my stepbrothers. See answer above.

    This whole process is rather daunting, and any advise you could give would be most appreciated. Thanks.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks for replying PraetorianXI...

      My father is filing the I-130 and I-485. He is a naturalized citizen. I read (on the USCIS site) that stepchildren are considered immediate relatives and that an I-130 and I485 can be filed concurrently. Is this correct?

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      • #4
        Sorry, the link won't open, try this one...

        https://www.immihelp.com/family-base...ard/index.html

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