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Posted

My mother in law arrived in the US a few weeks ago on an IR-5 visa. We've paid the $165 fee at ELIS and are waiting for her permanent resident card to arrive. She would like to petition her youngest daughter, who is 18. Does she need to have the permanent resident card in hand to submit the I130, or can she submit it now? Also, what are the chances of her daughter, in Mexico, of aging out?

2008

Aug - k1 issued

Sept - marriage

Adjustment of Status

I-485, I-131, I-765 sent: 9/18

NOAs for forms - all rec'd 10/24

Biometrics appt letter - rec'd 11/01; walk-in 11/12

EAD approved 12/22; card production 12/24

AP 12/22 approved; 12/29 received in mail

2009 3/6 AOS interview: approved!

2011 ROC

Submitted I-751 01/20/2011

NOA1 01/24/2011

Biometrics Letter rec'd 02/07/2011

Biometrics Appointment 2/28/2011

ROC approved 4/11/2011

Posted

She can submit the I-130 before she receives her green card. Per the I-130 instructions, enclose a copy of the biographical page from her passport, as well as a copy of the endorsed immigrant visa from her passport showing she entered as IR-5.

Aging out is a possibility, so the earlier she files, the better.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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