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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience:  Knowledgeable and experienced immigration lawyer.
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Hello what I would like to know is…. my husbands B2 visa

Customer Question

Hello what I would like to know is…. my husband's B2 visa expires the end of this month. I am still waiting for a few documents to come in the mail for the 1-130 form and they may not be here before the visa expires, what should I do?. I am an American citizen, he is Jordanian. Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.
Thank you for your question. It is generally better to file the I-130 petition and the I-485 application prior to the expiration of your an immigrant visa. However, it is never a good idea to submit an incomplete application and rely on USCIS to issue a request for evidence because there is a risk of denial.

A key point to understand is that an overstay by a foreign national is forgiven based upon a petition by a US citizen so even if the I-130 is not submitted prior to the expiration of the foreign national's visa, the petitioner would still be eligible to file the I-130 petition to adjust status in the United States.

The I-693 is the medical report which is needed to be included with the adjustment of status application. Please find the link below which also has link on the right side of the page to find an approved civil surgeon in your area.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please let me know if you have any additional questions or need clarification.



Customer: replied 1 year ago.

Thank you, for the information about all..However, I am confused, do I have to file the I-130 and the I-485 together? I don't have the money right now to file both. the 1-130 is $425 and the 1-485 is $1070. What options do I have, please.? Do I have to file the i-485 because his visa is running out with the I-130?

Expert:  Wilton A. Person replied 1 year ago.
You are very welcome. No, you are not required to file both the I-130 and I-485 at the same time but the substantial advantages are that there is not a fee for the I-765, employment authorization document that would allow your husband to work legally in the United States, if filed with the I-485, while the adjustment of status application is pending. Second, the I-130 filed alone only establishes the relationship between you and your husband but does not place him in a lawful status which means that he would still be subject to deportation.

It is generally better to file the I-130 and I-485 together to avoid the beneficiary from being out of status and subject to deportation.
Customer: replied 1 year ago.


ok, so I will file the i-130 as soon as the document comes in. My husband should be okay if he is expired few weeks? Then how long do i have before i have to filthe i-485 please?

Expert:  Wilton A. Person replied 1 year ago.
To clarify, the I-130 does not forgive the overstay. It is only the filing of the I-485, adjustment of status application, that triggers the forgiveness of the overstay. Filing the I-130 alone does not have any legal effect as to your husband's visa expiration.
Customer: replied 1 year ago.


Thank you, XXXXX XXXXX you tell me how much time do I have to file the i-485 before he is deported. (the visa exp july 31st 2013 And how long will it take before we get our marriage interviewafter the 1-130 form is submitted?

Expert:  Wilton A. Person replied 1 year ago.
Your husband would only be deported if Immigration Customs and Enforcement filed charges against him. There is not an automatic deportation triggered when his visa expires. There is not a time limit to file the I-485 but he could potentially be deported until the I-485 is filed.

The approximate time for the I-130 interview is ten months but the time can vary based upon local office case loads and whether USCIS issues requests for evidence.
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
Wilton A. Person and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you once again for expert information my internet was slow almost stopped yesterday so I could not open .pages...it's summer time and kids are all on their computers. We are collecting the money for both forms per your advise. It is a shame my country would deport my husband, he has never done anything wrong, he left his bushiness in Dubai to follow me back to America because he feared I'd stay in America....love is a many splendor thing, it can cross oceans and mountains, valleys and stream to be to be together.


 


One other question, WE are teachers and I received and offer to go to overseas to teach English, can I go for this next school year without hurting our case?. I can fly back for our marriage appointment. Please let me know this answer so i can let the school know if i can come this year or not.... You, know I can go to my husbands country and they ask nothing of me except a fee to cross the board...our fees are so high in America...Sincerely, XXXXX XXXXX Islam

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. It is not generally recommended for a person to leave the United States with a pending adjustment of status application. Your husband could obtain a temporary I-131 reentry permit assuming that you file the I-485 prior to the expiration of his visa but the I-131 is generally limited to a relatively short period of time and could complicate the process.

To avoid complexities and the risk of abandonment of the adjustment of status application, most couples choose to remain in the United States and complete the process. However, you may wish to consult with a local immigration attorney to provide you a legal opinion prior to making a decision.
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
Wilton A. Person and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, I'm not going to worry, I'll just apply for a teaching job here. And I don't think I'll need to hire another Attorney, you have been very informative.

Expert:  Wilton A. Person replied 1 year ago.
You are welcome.
Customer: replied 1 year ago.

Hello...I was putting my things together to file the i-130 and the i-485 and the medical I-163 for my husband and then I saw the I-765 you mentioned...when I looked that form up I noted that the filing fee on that was $380, how will this be free to us or did I miss understand you?


 


Thank you,


Fatima Islam

Expert:  Wilton A. Person replied 1 year ago.
No, you understood correctly that there would not be a additional fee for the I-765 if it is filed with the I-485 and I-130.

Please review the special instructions that discusses that no fee is charged when the I-765 is filed with the I-485 and I-130. The link to the I-485 application is below:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please let me know if you have additional questions.

Customer: replied 1 year ago.

Thank you for your information, a few questions:


1) What is this the Advanced Parole, and do we did this to be added to the package at this time? Something about travel??


2) What is the time frame for the Temporary Work Authorization card, I'm given to understand this would allow him to work while waiting for the green card?


3) And how long does it usually take once immigration accepts the forms I-130/I-485/I-765/i-163--medical (G-325a from both of us)


4) That is all that should be in the packet to the lock box in Chicago, correct?


Thank you,


Sincerely


Fatima Islam


 


 

Expert:  Wilton A. Person replied 1 year ago.
1) Advance Parole is a status that allows for a beneficiary of an immigration petition to travel abroad while his or his adjustment of status application is pending with USCIS. Without approval of advance parole, USCIS could deem an adjustment of status application abandoned and the person would not be eligible to return to the United States.
Further, it is not generally preferred for a beneficiary to travel abroad with a pending application especially if the beneficiary has overstayed a visa because there is typically too much risk for little benefit in most cases.

2)Generally also 120 days or so but the time also depends upon case volumes.

3)Generally about ten months or so but it depends on whether USCIS issues a request for additional information as well as the specific case volume for all applications.

4) Correct.

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