Mother in Law in the USA, wife submitted I130

[kamitoz 0]

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.

[milimelo 4,481]

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.

Have MIL go back as scheduled and within time frame that was given at her I-94. You don't want overstays when dealing with immigrant visas.

She'll probably have things to wrap up before visa interview and moving to the States.

[justashooter 430]

agreed that she will have business in columbia, since she didn't enter with intent to immigrate.

[Raj456 0]

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.

[payxibka 10,045]

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

The I-130 alone does nothing for your MIL's immigration status if your desire was for her to remain without a trip back home... as stated before the I-485 needed to be submitted as well...

You can still now submit the I-485... the process becomes a little more complicated tha if they had been filed all together but it can be done...

[kamitoz 0]

The I-130 alone does nothing for your MIL's immigration status if your desire was for her to remain without a trip back home... as stated before the I-485 needed to be submitted as well...

You can still now submit the I-485... the process becomes a little more complicated tha if they had been filed all together but it can be done...

According to USCIS webpage, you need to submit a copy of the approved I130 with the I-485, she had everything ready but followed the instructions provided by the Immigration Dept. I'll ask her to contact them.

Thanks for replying.

[kamitoz 0]

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

Thanks Raj, the answer to Q-22 was: San Francisco, CA.

[payxibka 10,045]

According to USCIS webpage, you need to submit a copy of the approved I130 with the I-485, she had everything ready but followed the instructions provided by the Immigration Dept. I'll ask her to contact them.

Thanks for replying.

No you do NOT have to submit a copy of the approved I-130, just proof that one was filed which can be done concurrently or via the NOA1

[mahesh 0]

My parents are coming for a visit. If I were to apply for I-130 once they are here, would that jeopardize the application?

Would they have to go the I-485 route or can they do it Consular processing?

Mahesh

[payxibka 10,045]

My parents are coming for a visit. If I were to apply for I-130 once they are here, would that jeopardize the application?

Would they have to go the I-485 route or can they do it Consular processing?

Mahesh

I-130 alone indicates consular processing. I-130/I-485 together indicates stateside processing

[ark1214 0]

I-130 alone indicates consular processing. I-130/I-485 together indicates stateside processing

That statement is not entirely correct...

Raj is correct that Q.22 defines stateside or consular processing. OP should also make sure that MIL's I-94 does not say "No AOS,EOS,COS". OP said she entered SFO on Q.22 which would indicate to USCIS that she intend to file I-485 at a later date since it was not included with I-130 packet. I not sure the exact process, but I believe she need to file I-485 when she receives I-130 approval. Once I-485 is filed, unlawful presence does not apply even when I-94 expires. So, MIL can stay until decision on I-485.

The question here is when I-94 expires prior to I-130 approval hence prior to filing I-485. This gap period would constitute unlawful presence since I-94 expires and application for AOS/I-485 hasn't been started. I suggest OP to contact USCIS or a lawyer for clarification of if I-485 can be filed prior to I-130 approval (if they weren't submitted together). OP's MIL should avoid overstay/unlawful presence to avoid 3/10 year bar from re-entering US.

If I-485 can't be filed prior to I-130 approval, OP should consider contacting USCIS of the change to consular processing on the I-130 application.

[ark1214 0]

EDIT: My bad.. this was an old thread that was jacked . The same concept of choosing stateside/consular processing applies.

mahesh: As long as there is no "NO AOS,EOS,COS" on their I-94, you have a choice of stateside or consular processing. Whether your parents are here at the time of filing is irrelevant. But remember, your answer to Q.22 on I-130 will determine the processing path.

[Mononoke28 135]

Why not just keep the I-130 and have her mother return to Colombia so she can interview there? It's simpler anyway.

If you decide to file the I-485 so she can adjust status to permanent residency, remember that she will need to get a medical exam from an approved civil surgeon and any vaccines she may need. On top of that, the cost would be $1,010 for the I-485.

Diana