I-130+AOS: Abroad or in the USA?

[pacificleye 4]

Hey Vijayers !!!

I just completed my Citizenship process and now Am a proud USC...

I am now looking forward to my next rounds with the USCIS. I am trying to see which routes to take as I want to petition for some of my family members to immigrate to the US as well. My Mother, Father and two minor brothers, ages 10 and 15...

Now I am aware that for sibling it could take around a decade if not longer, especially if they age out or change status during the process... So I want to proceed as follow:

Petition for my mother, since she is immediate relative, then if and once she gets her Permanent residency, she could then petition for my little brothers.

Now my mother still has 4 years left on her visitor visa (tourist). I was wondering if it was possible for her to come to the US and adjust directly here, or does she still have to wait for me to send in an I-130 and wait for it to be approved before we could process further at the embassy...

The reason I ask is that I think it could be faster if I sent in the I-130 and i-485 at the same time, and it is only possible if adjusting in the US, but I don't know what are the restrictions on that visa-wise while in...

[ceadsearc 516]

Is she in the US now? If she is already here and came without intent to adjust she can do so. If she is not here you will need to file the I-130 and wait for her to obtain her IR-5 in her country. It is slightly longer but not significantly and it's the only legal way.

Edited May 12, 2012 by ceadsearc

[pacificleye 4]

Is she in the US now? If she is already here and came without intent to adjust she can do so. If she is not here you will need to file the I-130 and wait for her to obtain her IR-5 in her country. It is slightly longer but not significantly and it's the only legal way.

No she is not in the US yet. She's been visiting every year and she is supposed to come around December for the birth of her second grandchild Lord willing. I was just wondering if I should wait till she comes to visit and do her AOS then or is it not a good idea(also illegal)? My main concern is that it would be easier for me and her, since she cannot read that well and really don't want her missing out because she didn't understand something and also our Postal service sucks in Gabon. When I send mail it takes usually 3 to 4 months before they receive anything and fax randomly work and internet is still widely dial up speed. Either I could do it, whether it is Embassy or here in the US... Just looking for less strenuous way.