Traveling outside USA with Tourist visa while waiting for I-485 and I-130. Existing status is F1 soon to expire.

Bankruptcy and Debt 10 views 4 answers
This is the situation: I, US citizen, got married with a F1 student. Her I-94 will expire in Nov 1, 2013, one month after she completes school (at least that's what the school says). We have a I-485 and I-130 ready to file. She also has a valid B1/B2 visa. The question is: Can she leave the USA, then come back with a Tourism while the I-485 and I-130 are pending? Thank you.

Attorney Answers

4
Weronika Kowalczyk CostasImmigration AttorneyIndependence, OH ·
I agree with the answer above. She needs to get the I-131 approved before leaving the country if she files the I-485. Also, i would not advise for you to file the I-130 alone and then have her travel abroad and try to return on the B visa because immigration may find that she has immigrant intent. The I-131 can take several months to approve, but if you have an emergency situation you may be able to get it approved quicker.
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Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
No. Departing the U.S. after filing the I-1485 results in abandonment of the application. However, she can apply for permission to travel by concurrently filing for a travel document (I-131). You should discuss the impact and implication of the I-131 with an experienced immigration attorney before leaving the country.
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David Soloway ·
In addition to the information supplied in previous responses, including confirmation that a foreign national with a pending Form I-485 application for adjustment of status will be ineligible for a B1/B2 visitor's visa, note that when one files a properly prepared and documented Form I-485 with a Form I-131 application for Advance Parole (a travel document), the USCIS can be expected to issue the travel document within 60-90 days. That document will authorize travel and re-entry throughout the period that the I-485 is pending. Coordinating travel with issuance of a travel document, with the required biometrics appointment and with the eventual in-person USCIS adjustment of status interview, may be important, depending upon the exact dates of anticipated travel. It would be wise to engage an immigration attorney for the entire process, not only to assure that the case is handled properly from the beginning, but also to address any scheduling complications that might arise while the case is pending. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Kennedy, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * [email protected]
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