How do I file I-130 and I-485 for my parents who are on a visitor's visa?

[Suzyn0985 0]

Hello and thank you in advance , i am trying to help a friend who doesn't know english with this topic. Her elderly father is here on a visa since Nov and his visa ends in March. I know that being a citizen she can file  i-130 and i-485 for her father to become a permante resident but my question is does her father have to return to there county if they file now before march the forms or  is it safe for him to stay and file before the visa ends or is he required to go back and if he goes back is it then necessary to file both forms or just the i-130.  The last question is can another relative send the check with the payment or does it have to be the petitioner. Thank you

[geowrian 22,337]

Filing the I-485 (and the I-130 required to do so) grants authorized stay so there is no need to return home. In fact, they cannot do so without abandoning the AOS process (and likely not being allowed back in) until they either obtain AP (I-131) or the green card.

Procedures: http://www.visajourney.com/content/immigration-parents

 

ETAs:

AOS: ~8-12+ months

I-131/AP: ~4 months

I-765/EAD (to work): ~4 months

 

The check can be sent by anyone. That said, I'm assuming it's because he/she does't have funds...? Just know that the I-485 requires an I-864 to show that the intending immigrant(s) will not become a public charge. They must meet the required income levels (or use assets at a 5x level for a parent), or find a joint sponsor to also file an I-864 who does meet them. Even then, they must be assured that the intending immigrant will not become a public charge, so finding out out about healthcare costs and/or insurance coverage/costs/premiums would impact this (many times parents cannot be added to an employer-sponsored plan).

[Boiler 45,558]

The biggie of course is how they will support him, which obviously goes well beyond the Affidavit of Support, or is he independently wealthy.