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我妹妹，2019年底持K签证来美，已在当地注册结婚，但尚未递交I-485等资料。现因国内疫情严重，公司有要务需要处理，所以想尽快回国一趟。请教：

1、如果不递交I-485就离开美国，能否在中国重新申请来美移民签证（她先生是美国国籍）？

-Yes, but that will take a long time.

2、不递交I-485的话，是否需要在入镜美国180天内离开？ 否则算逾期居留？

-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、如果递交了I-485，但在批准之前还是需要回国，能否在中国申请移民签证？

-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.

请各位老师指点！谢谢！

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