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 i-130 for b1/b2
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Posted on 04-18-17 9:41 AM     Reply [Subscribe]
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mero mother ko i-130 apply gareko cha...she is going back to nepal. Her visa extension is in process but no any decisions made till now and her flight is next week. We do not want to take any risk for overstay because i-130 is in processing. Can she come back in b1/b2 visa (visitor visa) here in US again after applying for i-130???
Posted on 04-18-17 1:54 PM     [Snapshot: 85]     Reply [Subscribe]
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I think it would be huge risk. The sole purpose of visitor visa is non immigrant visa and filing 130 violates that purpose. Also you file the extension of her visa. Quick question, why didn't you file 485 and AP when you filed 130? In that way you shouldn't be returning back
Posted on 04-18-17 3:20 PM     [Snapshot: 124]     Reply [Subscribe]
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Ya, That was my huge mistake not filing I 485 but can i file now
Posted on 04-18-17 3:37 PM     [Snapshot: 135]     Reply [Subscribe]
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I believe yes but don't quote on my words. It's better if you do some online research before filing. I think you just need I 130 receipt number while filing 485. But you said she will be leaving US next week. Is this because her visa is expiring next week? Please keep in mind that before you get 485 receipt or I765 receipt notice her visa shouldn't be expiring which puts her in out of status boundary.
When did you file 130 for her? Can you please share? It looks like these days it's taking them way more time to approve because of this f**cking trump.
Posted on 04-18-17 4:57 PM     [Snapshot: 164]     Reply [Subscribe]
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It has been three months nebraska center , Her visa expiring with in two weeks time. I am thinking on my mine send her back nepal, and called her and file I 485 ,,am I thinking wrong ,or if i apply i 485 can she stay or i 485 has to approved , there are no nepali lawyers where i stay , khaire ko ma gako english ramro bujina ulto confuse banayo , I called usics about her visa extension , they say they are working for august applicant , i apply her on februäry ,,it looks like at the time she gets decision , she would already had been crossed her 6 months tīme frame .........................
Last edited: 19-Apr-17 03:47 PM

Posted on 04-18-17 5:35 PM     [Snapshot: 186]     Reply [Subscribe]
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I 485 doesn't have to be approved in order to stay in US. Just search few past threads in sajha, there are tons of nepalese lawyer they can help you. If you had filed I 485 along with I 130 I am 100% sure that your mother can stay over her B2 visa period until I 485 gets approved but your case is bit different as you are filing I 485 after applying I 130. Again try to find good lawyer or do some google search I am pretty much sure there are many other who has been through this situation. Good luck
Posted on 04-19-17 11:07 AM     [Snapshot: 290]     Reply [Subscribe]
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I wonder if the petitioner in this thread is USC or GC holder. As per my knowledge concurrent filing (i130 and 485) is allowed only if petitioner is USC. In case of GC holder i130 has to be approved( 3-5 months from acceptance) to file i485.

Posted on 04-19-17 3:20 PM     [Snapshot: 346]     Reply [Subscribe]
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GC holders aren't allowed to petiton their parents, so the petitioner should definitely be a US citizen.
To the OP:
If you file i485 for your mother along with the receipt notice of i130 before her current status expires, she is legally allowed to stay in US till i485 is processed.
If she goes back to Nepal, it's highly unlikely they would allow her come back to US on visitor visa because of i130 filing and so she has to go through interview process in Nepal.
Posted on 04-19-17 3:40 PM     [Snapshot: 358]     Reply [Subscribe]
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Yes, Light88

Petitioner is USC.
Posted on 04-19-17 3:46 PM     [Snapshot: 359]     Reply [Subscribe]
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NY 2,,

You Mean I can send I 485 now ,I had also apply for B1 extension, only remain 10 days .Tension nai hune raicha............
Posted on 04-20-17 2:54 PM     [Snapshot: 447]     Reply [Subscribe]
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Yes you can file for i485, EAD, AP -long with a copy of the receipt notice of i130.

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