how to account for multiple immigrants being filed for simultaneously?

[aayitrun 66]

I am filing i130/i485 combined packets for both my parents who are already here on visitor visas.

in the i130

Part D.

1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

answered on mothers with fathers name and vice versa.

2. Have you ever before filed a petition for this or any other alien yes/no? if yes give name, place and date of filing and result.

Since i am just sending both applications in separate packets on the same day via post, what is the right answer here?

in the i864

part 3

i have not checked

"I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant in part 2 (do not include any relative listed on a separate visa petition)"

because both of them are on separate petitions,

but then

to account for number of people depending on me correctly, i have added 1 to part 5 (household size) where the question is

"if you have any other dependents enter the number here."

Do i need to attach some sort of affidavit explaining this situation?

(i can easily cover them both as far as income is concerned).

[EM_Vandaveer 2,408]

I-864, as strange as it sounds, don't account for your other parent on the forms. Neither is a derivative of the other. Separate I-864s, each accounting for only 1 intending immigrant in addition to your household size.

[f f 725]

I would list it as if they get one packet after another.

list your mom as no other petitions

then list your dad as having filed for your mother

then list the next relative as having filed for your mom and dad

of you still feel uneasy ship them a day apart so you know the order they arrive

[aayitrun 66]

I-864, as strange as it sounds, don't account for your other parent on the forms. Neither is a derivative of the other. Separate I-864s, each accounting for only 1 intending immigrant in addition to your household size.

So a person on the cusp of the limits could in theory exceed the limit by petitioning for too many.. seems so weird.

I would list it as if they get one packet after another.

list your mom as no other petitions

then list your dad as having filed for your mother

then list the next relative as having filed for your mom and dad

of you still feel uneasy ship them a day apart so you know the order they arrive

i guess that is one way to break the race condition.

[AllisPossible 0]

I am not very familiar with the filing process but are you adjusting their statuses while they are on visitors visa and they stay in the country until the process is complete?

[aayitrun 66]

I am not very familiar with the filing process but are you adjusting their statuses while they are on visitors visa and they stay in the country until the process is complete?

yes

[AllisPossible 0]

So since it is illegal to do if a married person does it, isn't it illegal for parents?

[EM_Vandaveer 2,408]

So since it is illegal to do if a married person does it, isn't it illegal for parents?

It's not illegal in either case. The law allows it, so by definition it's legal. Both parents and spouses are immediate relatives.

So a person on the cusp of the limits could in theory exceed the limit by petitioning for too many.. seems so weird.

i guess that is one way to break the race condition.

Maybe so. The form only asks for other immigrants sponsored who are LPRs at the time. As OP's filing for both parents at the same time, neither of them are LPRs at the time of filing the I-864.

[AllisPossible 0]

So it is legal for me as an LPR to adjust my mom or husbands status when they enter on a visitors visa?

Thats my question

[EM_Vandaveer 2,408]

So it is legal for me as an LPR to adjust my mom or husbands status when they enter on a visitors visa?

Thats my question

No, that's not possible. You can't even petition for your mom as a LPR. Only USCs can adjust for their immediate relatives, because there are unlimited visa numbers available. If you filed for your husband, you first would have to wait for PD to become current.

If, when PD becomes current, he happens to be in the US visiting, in legal status, not overstaying, it's possible to file I-485.

[AllisPossible 0]

Oh I see. I was thinking the poster is a LPR. Thank you for explaining

[EM_Vandaveer 2,408]

Oh I see. I was thinking the poster is a LPR. Thank you for explaining

OP's signature lists when he or she naturalized.

[KierenHby 899]

I am not very familiar with the filing process but are you adjusting their statuses while they are on visitors visa and they stay in the country until the process is complete?

Curious if visitors had intent prior to entry, based on OP's post from two weeks ago.

http://www.visajourney.com/forums/topic/615056-how-soon-after-naturalizing-can-i-petition-for-parents/

Nonetheless moot now, as they're admitted on a B2.

[aayitrun 66]

Curious if visitors had intent prior to entry, based on OP's post from two weeks ago.

http://www.visajourney.com/forums/topic/615056-how-soon-after-naturalizing-can-i-petition-for-parents/

Nonetheless moot now, as they're admitted on a B2.

they entered prior to that post. they came to visit my newborn son and since it is their first grandson they want to see him grow.