Westminster, CO Immigration Law Firms & Lawyers

I recommend you come in with all your documents so we can sort it out. If you have a 485 pending, you should not leave until the travel document is approved. If you must leave, then better to file only I-130, and then finish the visa process in Canada after I130 is approved. Also, if I-130 was denied, there must be some serious problem for which you likely need a good lawyer.

Sounds like her travel will abandon the application. If an application for change or extension of status is pending review, an applicant's departure from the US generally constitutes an abandonment of such status. While the applicant may remain in the US after the expiration of the last valid I-94, the departure from the US pending a decision will automatically constitute abandonment of the application. My suggestion is that you speak with someone knowledgeable about the case before making travel plans because you do not want to depart the US only to find out that your wife is stuck outside of the country waiting for your petition to be approved before she can make an application through the US Consulate to return to the US. While this does not appear to be all that complicated of a case, you do want to make sure that you understand the potential consequences of departing the US before traveling. Wait times to obtain nonimmigrant visas through the US Consulates in India can be lengthy and you do not want a situation where a brief visit turns out to be a long period of absence. The answer is out there, you should speak with someone before hand to ensure that you have that answer before travel. Good luck.

I-765 and I-131 forms are usually ancillary to the I-485 adjustment of status application. In a case like yours, it is not possible to file the forms at this time. In the same manner that the tail of the dog must follow the body of the dog and cannot exist separately, the I-765 and I-131 forms must follow the I-485.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.