B2 to LPR ~ does dual intent apply
#16
Re: B2 to LPR ~ does dual intent apply
Will her entering and leaving during the process affect it at all?
Is she rquired to be ina particular country for any part of the process?
Would AP come in to play or will the B2 take care of that issue.
Do you forsee any potential issues that we should be aware of?
Rene
#17
Re: B2 to LPR ~ does dual intent apply
*delete*
Last edited by CaliforniaBride; Sep 1st 2011 at 4:26 pm. Reason: question already answered
#19
Re: B2 to LPR ~ does dual intent apply
Thank you Rene. Very helpful!
Yes, by AP I meant advance parole. I recall it was required of me if I wanted to leave the country while my app was being processed. I never used it. So you are saying that if she uses her B2 to enter and leave the US she will not have to worry about getting AP?
Yes, by AP I meant advance parole. I recall it was required of me if I wanted to leave the country while my app was being processed. I never used it. So you are saying that if she uses her B2 to enter and leave the US she will not have to worry about getting AP?
#20
Re: B2 to LPR ~ does dual intent apply
Thank you Rene. Very helpful!
Yes, by AP I meant advance parole. I recall it was required of me if I wanted to leave the country while my app was being processed. I never used it. So you are saying that if she uses her B2 to enter and leave the US she will not have to worry about getting AP?
Yes, by AP I meant advance parole. I recall it was required of me if I wanted to leave the country while my app was being processed. I never used it. So you are saying that if she uses her B2 to enter and leave the US she will not have to worry about getting AP?
Since your mom will be getting an Immigrant Visa from London, once she uses the Immigrant Visa to enter the USA, she will become a PR immediately, and will not be doing an adjustment of status in the USA....therefore, no need for AP.
Rene
#21
Re: B2 to LPR ~ does dual intent apply
Rene
#22
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Re: B2 to LPR ~ does dual intent apply
It's a curiosity of US law - and I've said this before, but it bears repeating - that an individual can do anything they want as long as there is no specific law prohibiting it. The reason you can't find anything that says it's okay, is because there isn't a specific law prohibiting it. If there were such a law, you'd find it... there isn't... therefore it's perfectly okay for her to visit on the B-2 while the I-130 is in process.
Ian
Ian
#23
Re: B2 to LPR ~ does dual intent apply
Advance Parole is only for those who come on a non-immigrant visa to the USA and then adjust status to permanent resident (you probably entered on a K-1 and did an adjustment of status to permanent resident). It has nothing to do with the B2 travel at all.
Since your mom will be getting an Immigrant Visa from London, once she uses the Immigrant Visa to enter the USA, she will become a PR immediately, and will not be doing an adjustment of status in the USA....therefore, no need for AP.
Rene
Since your mom will be getting an Immigrant Visa from London, once she uses the Immigrant Visa to enter the USA, she will become a PR immediately, and will not be doing an adjustment of status in the USA....therefore, no need for AP.
Rene
Do I have it right?
#24
Re: B2 to LPR ~ does dual intent apply
It's a curiosity of US law - and I've said this before, but it bears repeating - that an individual can do anything they want as long as there is no specific law prohibiting it. The reason you can't find anything that says it's okay, is because there isn't a specific law prohibiting it. If there were such a law, you'd find it... there isn't... therefore it's perfectly okay for her to visit on the B-2 while the I-130 is in process.
Ian
Ian
#25
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 to LPR ~ does dual intent apply
You can apply while she's in the US... indeed, it doesn't matter where she is - you can apply.
The second half of the process happens in London. The first half of the process happens in the US - adjudication and approval of the I-130 peititon. Once the I-130 is approved, it's sent to London where she's invited to apply for the visa.
Yes.
Once the application is approved, she receives an immigrant visa in her passport. The day she enters the US with that immigrant visa, she immediately becomes a PR. The endorsed visa (which will be stamped when she enters the US) has the same full force of law as the plastic green card and serves as such until the plastic card comes in the mail a few weeks later.
Ian
The process happens in London.
She travels back and forth on her B2 while her application is being processed.
Once application is approved she enters US as GC holder and immediately becomes a LPR?
Ian
#26
Re: B2 to LPR ~ does dual intent apply
You can apply while she's in the US... indeed, it doesn't matter where she is - you can apply.
The second half of the process happens in London. The first half of the process happens in the US - adjudication and approval of the I-130 peititon. Once the I-130 is approved, it's sent to London where she's invited to apply for the visa.
Yes.
Once the application is approved, she receives an immigrant visa in her passport. The day she enters the US with that immigrant visa, she immediately becomes a PR. The endorsed visa (which will be stamped when she enters the US) has the same full force of law as the plastic green card and serves as such until the plastic card comes in the mail a few weeks later.
Ian
The second half of the process happens in London. The first half of the process happens in the US - adjudication and approval of the I-130 peititon. Once the I-130 is approved, it's sent to London where she's invited to apply for the visa.
Yes.
Once the application is approved, she receives an immigrant visa in her passport. The day she enters the US with that immigrant visa, she immediately becomes a PR. The endorsed visa (which will be stamped when she enters the US) has the same full force of law as the plastic green card and serves as such until the plastic card comes in the mail a few weeks later.
Ian
We really are wanting to do this the 'right' way and not use the system to get around the system, so to speak.
Oops, one more question. so she needs to be prepared to have to return to the UK if she happens to be here on a visit as an when her second half of app is required to be in London. I thought that if I applied here they would want to do the second half of the processing processing here. I know she would prefer to do it in London.
Hehe, another question. her holiday home is in Florida and I live in Iowa. Does that affect anything?
And another one. Can you direct me to processing times for naturalization and LPR?
Last edited by CaliforniaBride; Sep 1st 2011 at 9:44 pm. Reason: to add another question
#27
Re: B2 to LPR ~ does dual intent apply
Thank you Ian. That's really helpful. At this point I only have one more question. People who apply while the person is in the states usually have them stay, kind of shortcutting the visa process. im understanding that this can look suspicious. My applying and then her returning to the UK while the app is in process will not have that air of suspicion. Correct?
Oops, one more question. so she needs to be prepared to have to return to the UK as an when her second half of app is required to be in London if she is here on a visit.
Hehe, another question. her holiday home is in Florida and I live in Iowa. Does that affect anything?
And another one. Can you direct me to processing times for naturalization and LPR?
Processing times for LPR, you mean after having filed an I-485 for adjustment of status?
Rene
#28
Re: B2 to LPR ~ does dual intent apply
I cant thank you guys enough for your help and your patience! Really, it's such a relief to understand what's going to happen and how to get it done.
she definitely won't be overstaying on her B2. And she has no need or desire to AOS. she can travel freely and stay here for 6 months at a time as it is. She is retired and I'm grown (so I say!) so she has no compelling reason to try and rush the process. Besides all that she wouldn't hear of doing it any way except the correct and honest way. That's my mumsie!
So I'm assuming that I would just go ahead and file according to the instructions on the USCIS website? and would I file based on where I live or where her house is?
she definitely won't be overstaying on her B2. And she has no need or desire to AOS. she can travel freely and stay here for 6 months at a time as it is. She is retired and I'm grown (so I say!) so she has no compelling reason to try and rush the process. Besides all that she wouldn't hear of doing it any way except the correct and honest way. That's my mumsie!
So I'm assuming that I would just go ahead and file according to the instructions on the USCIS website? and would I file based on where I live or where her house is?
#29
Re: B2 to LPR ~ does dual intent apply
If Im filing here how do USCIS know to send the second half of her app to London? Or does that happen with everyone regardless of whether you are doing it the 'right way' or the 'wrong way'.
#30
Re: B2 to LPR ~ does dual intent apply
I cant thank you guys enough for your help and your patience! Really, it's such a relief to understand what's going to happen and how to get it done.
she definitely won't be overstaying on her B2. And she has no need or desire to AOS. she can travel freely and stay here for 6 months at a time as it is. She is retired and I'm grown (so I say!) so she has no compelling reason to try and rush the process. Besides all that she wouldn't hear of doing it any way except the correct and honest way. That's my mumsie!
So I'm assuming that I would just go ahead and file according to the instructions on the USCIS website? and would I file based on where I live or where her house is?
she definitely won't be overstaying on her B2. And she has no need or desire to AOS. she can travel freely and stay here for 6 months at a time as it is. She is retired and I'm grown (so I say!) so she has no compelling reason to try and rush the process. Besides all that she wouldn't hear of doing it any way except the correct and honest way. That's my mumsie!
So I'm assuming that I would just go ahead and file according to the instructions on the USCIS website? and would I file based on where I live or where her house is?
You would probably do best to read some wiki guides or on USCIS.gov for instructions on how to petition & apply for an Immigrant Visa.
Here is one in simple language (no legalese):
I Am a U.S. Citizen How Do I… Help My Relative Become a U.S. Permanent Resident?
http://www.uscis.gov/USCIS/Resources/A1en.pdf
Since your own citizenship application is going to take at least six months, you've got time to do your homework.