Can B2 Parent Adjust status within US?

[Sunshine_yes 0]

1 minute ago, geowrian said:

Once an I-485 is properly filed (which means an I-130 + I-485 concurrent filing in your case), the AOS applicant is granted authorized stay while their case is pending.

Someone also told me to wait for 90 days and file after I-94 expires... Is that a legitimate way to do it? In this scenario, it becomes an overstay and makes the case harder, right?

[geowrian 22,338]

1 minute ago, Sunshine_yes said:

Someone also told me to wait for 90 days and file after I-94 expires... Is that a legitimate way to do it? In this scenario, it becomes an overstay and makes the case harder, right?

Overstay will not bar her from adjusting status as the IR of a USC. At the same time, there's no actual benefit of doing so, and would result in her being permanently ineligible for VWP privileges in the future (even 1 day overstay does this).

I would not consider a decision to become unlawfully present in the US an optimal method, especially when there is no need nor benefit in doing so.

[WeGuyGal 1,052]

AOS on a B2.. or VWP? 

[obanla 37]

either she wait or not it does not matter

[Sunshine_yes 0]

B2

[Sunshine_yes 0]

2 hours ago, WeGuyGal said:

AOS on a B2.. or VWP? 

 

2 hours ago, WeGuyGal said:

AOS on a B2.. or VWP? 

B2

[azblk 338]

13 hours ago, Sunshine_yes said:

 My only concern is the new 90-day rule, because she was only granted for 90 days on the I-94.

There is NO 90 day rule unless she intends to go back to your home country and do consular processing and even then it would not matter because the relationship you have with your mother was preexisting.

[obanla 37]

if you want to start her paperwork, just go on with it.

[Sunshine_yes 0]

Hello friends,

 

Do I need to file I-864 Affidavits of Support together with I-485? Can I file I-864 at a later time. My 2017 income looks better than previous years, and should be sufficient to sponsor my parent.

[obanla 37]

6 minutes ago, Sunshine_yes said:

Hello friends,

 

Do I need to file I-864 Affidavits of Support together with I-485? Can I file I-864 at a later time. My 2017 income looks better than previous years, and should be sufficient to sponsor my parent.

of course you need to file i-864 with it and you can still use the tax documents for previous year and add like 6 month current pay stub with your application.

[Sunshine_yes 0]

11 minutes ago, obanla said:

of course you need to file i-864 with it and you can still use the tax documents for previous year and add like 6 month current pay stub with your application.

My concern is my previous years income didn't meet the guideline if I add my parent in the household, but my 2017 income definitely meets the guideline of 864. I'm thinking to submit it later in January 2018 as soon as the tax season starts. Will that work? or they will deny my application?

[azblk 338]

19 minutes ago, Sunshine_yes said:

My concern is my previous years income didn't meet the guideline if I add my parent in the household, but my 2017 income definitely meets the guideline of 864. I'm thinking to submit it later in January 2018 as soon as the tax season starts. Will that work? or they will deny my application?

It is CURRENT income that counts. 

[geowrian 22,338]

29 minutes ago, Sunshine_yes said:

My concern is my previous years income didn't meet the guideline if I add my parent in the household, but my 2017 income definitely meets the guideline of 864. I'm thinking to submit it later in January 2018 as soon as the tax season starts. Will that work? or they will deny my application?

If you are a wage earner, then current pay stubs would be the primary source of showing current income.

They could reject, RFIE, or even outright deny a submission without all the required documents. They usually send an RFIE for an incomplete or insufficient I-864.

Keep in mind the 125% level for the I-864 is only the minimum requirement. The IO can require more income to ensure the intending immigrant(s) won't become a public charge. I note this especially here as most insurance plans don't permit adding a parent as a dependent, so they would likely need to purchase their own health insurance.

[Umka36 781]

On ‎12‎/‎16‎/‎2017 at 4:43 PM, Sunshine_yes said:

She was in the US for five month in the first half of 2017, and she came back again three month after. On the second visit within the same calendar year, she was only given 90 days stay. I'm wondering if I still can fill I-485 for her before her I-94 expires? I've consult with attorneys and they told me that there is a new rule that people can not adjust their status within the first 90 days, but she has to leave before I-94 expires. Can I still file I-485 two or three weeks before her I94 expiration in order to get case notification? If I file I-130 after she leaves the country, are  there any other forms that I need to file along with I-130? Thank you!

The reason why she was only given 3 months was she had already been here for 5month within the year. CBP probably suspected she was living in the US rather than visiting, but it doesn't matter as they let her in anyways and you can file the AOS (your mom got lucky). FWIW, the intent of the visitor visa is to visit and obviously she/you want her to stay longer which defeats the purpose of that visa.

 

She cannot leave if you do file the AOS and going this route means she's going to have to live in the US more than her home country in order not to lose permanent residency in the US.

 

I don't know how old your mom is, but I suggest also looking long term. Will she be working and paying into the system in order to get Medicare and SSN benefits later in life? If she isn't able to work, then it's best to start checking out the medical cost now as it won't be cheap.

Edited December 19, 2017 by Umka36

[aayitrun 66]

i have done this for both parents so i have some experience.

 

my parents came to see my newborn and decided to immigrate when they spent some time with the child. you can file concurrently anytime and its probably best to do it before the i94 expires. the burden of proof for parents is fairly low - just make sure you definitely did not have immigration intent prior to using the b2 (for example, not having a return ticket).

 

only do this if she actually plans to immigrate - more than half year in every year needs to be lived in the US to maintain status.

 

only do this if you can afford private health insurance for her because most employer health insurance and public health insurance will not pay for her.