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Posted

Hi,

My parents are on visitor visa and arrived 40 days ago. They have already visited US 4 times before and never overstayed. After their first visitor visa expired they took another 10 year visa in Jan. Now i filed for their AOS 2 days ago. I filed I-130,I-485 together.

On some of the forums, they scared me that once on Visitor Visa you can file GC or has to wait till 3 months?

When they entered they did not mention that they are filing for GC. I read some where that the intent is circumstantial and since about 40days have passed they may justify change of their mind to immigrate.

Will their application create problems for their stay? Bit scary even though i have not heard of a denial or deportation on these grounds?

Any inputs or sharing your experience will ease my tension.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

They lied to the CBP officer. That's never a good thing. There is no "magic waiting period" before filing that erases the lie.

You will file petitions for their green cards. Then you all go through the process. It will take several months.

Could they be denied and deported? Yes. Is it likely? Probably not. Are there guarantees that it won't go bad? No. Just have to file and take the chance.

Until the GC's are issued they can't work or use any sort of public benefit. Depending on their ages they may never qualify for medicare, etc. So do some investigating as to health insurance, etc. You (as sponsor) don't want to be held liable for any hospital bills, etc.

Bsst of luck.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Thanks for your reply. As you said i think it is taking chances. But I was not sure if they issue RFE asking for justification, or deny the application and then we will have a opportunity to contest or some thing else? That was my worry.

RFE for what type of justification? For what is in their entry record? What's done is done. No way to change what happened.

There is no adequate explanation. Especially since they have visited in the past. They knew what they were doing.

If it comes up, potential lifetime ban.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
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