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Filed: Country: India
Timeline
Posted

USC's parent in US on B2 status. USC files I-130/I-485 for parent in boston area.

*Will the petition go to chicago lockbox?

*Is it safe for parent to AOS from B2?

*If all goes well, name check and all, can the parent expect a GC in 3-4 months?

Filed: Citizen (apr) Country: China
Timeline
Posted

Using a visitors visa to immigrate is a misuse of the visa, and is considered visa fraud. It wont fly. You can file the I-130, but the parent will need to interview at the consulate in the home country to get a correct visa to immigrate.

The I-130/I-485 adjustment has to do with marriage situations.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted (edited)

As immediate relatives of a USC they can file for AOS if they are already in the US.... yes all the forms go to the Chicago Lockbox..... Yes there are some risks..... they may be asked to prove they did not have immigrant intent at entry.... it should not take any longer than any other AOS....

Kez

The I-130/I-485 adjustment has to do with marriage situations.

I-130/I485 adjustment is for any family based adjustment where they are already in the US and do not have to wait for an immigrant visa to become available....

Kez

Edited by Niagaenola
Filed: Country: India
Timeline
Posted

Thanks Niagaenola.

In reality do they really deny a parent AOS from B2?

We would not want to take any chances.

As immediate relatives of a USC they can file for AOS if they are already in the US.... yes all the forms go to the Chicago Lockbox..... Yes there are some risks..... they may be asked to prove they did not have immigrant intent at entry.... it should not take any longer than any other AOS....

Kez

The I-130/I-485 adjustment has to do with marriage situations.

I-130/I485 adjustment is for any family based adjustment where they are already in the US and do not have to wait for an immigrant visa to become available....

Kez

Filed: Timeline
Posted

If they think they have used a B2 to get around the immigration laws then yes they can deny anyone...

As you have not given any other info about their entry on a B2 and when they decided to remain I can not comment further...

Have you talked over their situation with a immigration lawyer.... I would..

Kez

Filed: K-1 Visa Country: Wales
Timeline
Posted

The OP's past posts are shall we say confusing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 2 weeks later...
Filed: AOS (pnd) Country: Russia
Timeline
Posted

Go ahead and file and do not be afraid. It will work. Send the whole package to Chicago lockbox, I-130 and I-485 together and all the relevant paperwok. There is no waiting period involved. I did the same thing for my mother and just followed the directions. Everything was pretty easy and painelss, went superfast. She came here on B2 and stayed. Her visa expired months ago. We had no problems whatsoever. Nobody even brought up anything about fraud. I did all the paperwork myself and 4 months later she had her interview which was actually just last week. No questions were asked. The interviewer just checked the paperwork, asked when she entered the US the last time and stamped her passport. The only requirement there is that the person enters the US LEGALLY regardless of the visa type. If you have questions, let me know. We just went through the whole process. so it's all still fresh in my mind.

  • 4 years later...
Posted

Go ahead and file and do not be afraid. It will work. Send the whole package to Chicago lockbox, I-130 and I-485 together and all the relevant paperwok. There is no waiting period involved. I did the same thing for my mother and just followed the directions. Everything was pretty easy and painelss, went superfast. She came here on B2 and stayed. Her visa expired months ago. We had no problems whatsoever. Nobody even brought up anything about fraud. I did all the paperwork myself and 4 months later she had her interview which was actually just last week. No questions were asked. The interviewer just checked the paperwork, asked when she entered the US the last time and stamped her passport. The only requirement there is that the person enters the US LEGALLY regardless of the visa type. If you have questions, let me know. We just went through the whole process. so it's all still fresh in my mind.

my mom will have her interview on the 26th of Sept.

what are the questions asked during the interview aside from the questions indicated in forms.

thanks in advance!

~ Cutie Bear

https://randomengineerblog.wordpress.com/

K1 application filed: 08/2010

NOA1: 08/2010

NOA2: 02/2011

Entered USA: 05/2011

Married: 06/2011

EAD received: 09/2011

Conditional GC received: 10/2011 (transferred to CSC without interviews)
10 year GC received: 10/2013 (Approved without interviews)
N-400: mailed to the Phoenix Lockbox 7/8 and received 7/9 by R. Magadan

N-400 Checked: cashed 7/11

Biometrics: 8/7

Interview: 11/6

Oath-Taking: 12/2

 
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