travel while i-148 is pending for emergency situation?

[rellik]

Hello,

My wife and I are in a sad situation - her mom has stage four cancer. We are trying to figure out if we should start all these forms to adjust her status and get going with all of it or if she should go see her mom again. We saw her during Christmas last year. She has now been in the states for 90ish days and we got married about 45 days ago. She is here on a b2 visa. Her mom thinks that she should start her paperwork, but I'm not sure if she really understands that it could be a year before she can go back with out the paperwork being voided. We also have thought about the 30/60/90 day rule and since she's been here for 90ish days, that would be in our favor.

So my question is, if she filled out i148 and i131 (i know i131 can take just as long to process) and heaven forbid her mom says she only has a few weeks to live and my wife needs to go visit, would the i148 be canceled when she comes back or does this level of emergency allow this type of exception?

Thanks,
Gavin

[Enub4]

I'm sorry about the situation. The problem is that traveling abroad can cause problems in the process.

I think you mean form I-485 and not I-148. If you file I-485 with other documents you may want to see if you can get an emergency AP:

https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel

I don't know how long that could take but is better to travel with that document in hand. Travel without AP will abandon I-485 and traveling back with a B2 visa with the intention to immigrate is not something that you should do.

From what I read, if you don't file I-485 and then travel abroad with an emergency AP, the correct path will be to do consular processing, which means that your wife should stay abroad until she can get an immigrant visa.

[rellik]

Thank you for the information.

So, it sounds like they are usually cancelled, but could visiting a relative that is passing away be a potential reason they would not void the application when returning back to the US?

Are all four forms i130, i-148, i-130, and i-765 voided if she leaves, comes back, and they decide to void i-148 or is it just 1 or 2 of them? Hope that makes sense.

Thank you again for the information.

[newacct]

The fact that Adjustment of Status (I-485) is abandoned if she leaves without being granted Advance Parole is specified in regulation (8 CFR 245.2(a)(4)(ii)(A-D)), and there is no discretion. If I-485 is abandoned, then the EAD (I-765) and Advance Parole (I-131) that are based on the pending I-485 are also obviously abandoned. The I-130 petition is unaffected, and she can do Consular Processing on that petition, but you would have to get them to switch it from Adjustment of Status to Consular Processing.