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我妹妹，2019年底持K簽證來美，已在當地注冊結婚，但尚未遞交I-485等資料。現因國內疫情嚴重，公司有要務需要處理，所以想盡快回國一趟。請教：

1、如果不遞交I-485就離開美國，能否在中國重新申請來美移民簽證（她先生是美國國籍）？

-Yes, but that will take a long time.

2、不遞交I-485的話，是否需要在入鏡美國180天內離開？ 否則算逾期居留？

-The duration of K-1 status is only 90 days from the date she entered US. So, her stay has been counted unlawful presence (illegal stay). If she does not file I-485, she needs to leave US as soon as possible. If her overstay in US is for > 180 days, then she will be bannded to reenter US for 3 years if she leaves US. But if she will file I-485 within US, her overstay does not affect her I-485 approval.

3、如果遞交了I-485，但在批準之前還是需要回國，能否在中國申請移民簽證？

-She does not need to apply for the immigrant visa in this case. She can just apply for advance parole (AP) with the I-485 filing and then, use the AP to travel to China  after the AP is approved. Thus, her I-485 will not be affected. She can apply for emergency adanace parole if she has the peoof that you have to travel urgently.

請各位老師指點！謝謝！

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• Thank you so much Master 8! -jxjc- ♂ (0 bytes) () 04/19/2020 postreply 09:08:27