I-130 & I-485 Concurrently for Parents in USA on Visitor Visa

[d3si.h3art 10]

Hello,

 

I am a US citizen. My parents come to the US every year to visit me. They have been to the USA 4 times so far on visitor visa. This year, I am planning to apply for their I-130 & I-485 concurrently. 

 

1. Does 90 day rule apply to them? Shall I apply I-130 & I-485 concurrently as soon as they arrive to the US? Or shall I apply after 90 days? 

 

2. I know that they can’t stay more than 6 months here on visitor visa. If I apply after 90 days after they are here and I-485 is pending (6 months completed in total), can they stay here in USA or they will have to go back to the home country?

 

Thanks in advance! 

[aaron2020 11,651]

It's immigration fraud for your parents to enter the US on visitor visas with the intent to adjust status.

 

 

[dwheels76 5,468]

There really is no 90 day rule. Visiting with intent to immigrate is fraud. what will be their reason for visit when they arrive? Will they say they are coming to live?

 

Do it the correct way file the I-130 and in about 12 to 15 months they will be here no adjustment of status to have to deal with.

[Boiler 45,486]

Visitor visa for visiting

 

Immigrant visa for immigrating

 

Have they considered what they are going to do for Health Insurance?

[USS_Voyager 1,972]

Please don’t that. It will be viewed (and it’s true) that you are trying to circumvent the consular processing at the Embassy. Do it the way you’re supposed to. File the I-130 and when it’s approved, your parents can attend the interview at the Embassy/Consulate and enter on immigrant visa

[d3si.h3art 10]

1 hour ago, aaron2020 said:

It's immigration fraud for your parents to enter the US on visitor visas with the intent to adjust status.

 

 

 

1 hour ago, dwheels76 said:

There really is no 90 day rule. Visiting with intent to immigrate is fraud. what will be their reason for visit when they arrive? Will they say they are coming to live?

 

Do it the correct way file the I-130 and in about 12 to 15 months they will be here no adjustment of status to have to deal with.

 

1 hour ago, Boiler said:

Visitor visa for visiting

 

Immigrant visa for immigrating

 

Have they considered what they are going to do for Health Insurance?

 

20 minutes ago, USS_Voyager said:

Please don’t that. It will be viewed (and it’s true) that you are trying to circumvent the consular processing at the Embassy. Do it the way you’re supposed to. File the I-130 and when it’s approved, your parents can attend the interview at the Embassy/Consulate and enter on immigrant visa

Thanks, everyone. I didn’t know it would look like fraud. 

 

I did a google search and found some top search results where people did i130 & i485 concurrently after their spouse/parents were here on visitor visa for 90 days. Hence I posted the question. 

 

I want to make sure I do it the proper way and I will go with consular processing. 

 

1. With consular processing pending application, can parents still come to the USA on their existing visitor visa? 

 

2. To be more specific, they are planning to come to the US to visit me for a month this summer (probably end of May/first week of June). If I apply for their I-130 today, and let’s say their interview date is 6-12 months from now, will they have any problem entering at port of entry in May or June?

 

 

[agrabs 241]

1 hour ago, Boiler said:

Visitor visa for visiting

 

Immigrant visa for immigrating

 

Have they considered what they are going to do for Health Insurance?

This is a very important question you need to give it some consideration.

[WeGuyGal 1,052]

This is an increasingly common tactic by desis (Indian nationals) to i485 on a b2 visa. And each time, the response here is the same; entering the US on such a visa with intent to adjust status is visa fraud. There is no 90-day rule; it's a myth. 

 

Entering on a b2 requires a return ticket that CBP occasionally ask to see. They need to exit the US on that return ticket and go with consular processing for an IR5 visa in Mumbai. 

[Cyberfx1024 7,980]

5 minutes ago, d3si.h3art said:

Thanks, everyone. I didn’t know it would look like fraud. 

I did a google search and found some top search results where people did i130 & i485 concurrently after their spouse/parents were here on visitor visa for 90 days. Hence I posted the question. 

I want to make sure I do it the proper way and I will go with consular processing. 

1. With consular processing pending application, can parents still come to the USA on their existing visitor visa? 

2. To be more specific, they are planning to come to the US to visit me for a month this summer (probably end of May/first week of June). If I apply for their I-130 today, and let’s say their interview date is 6-12 months from now, will they have any problem entering at port of entry in May or June?

1. If you file the I-130 for them while they are in their country then yes they can come and visit with no issues. 

2. If you file for them now then they can come and visit with no issues. They just need to be able to show proof that they do plan on returning back home at the end of their visit. 

[WeGuyGal 1,052]

1 hour ago, Boiler said:

 

Have they considered what they are going to do for Health Insurance?

Important to consider for those petitioning elderly immigrants.

[Ontarkie 14,221]

~~Moved to Bringing Family of USC, from Bringing Family of PR - The OP is a USC~~

[USS_Voyager 1,972]

1 hour ago, WeGuyGal said:

Important to consider for those petitioning elderly immigrants.

I was gonna say Obamacare but with the way things are going, it might not be there in 12-14 month

[Dashinka 24,493]

6 hours ago, d3si.h3art said:

 

 

 

Thanks, everyone. I didn’t know it would look like fraud. 

 

I did a google search and found some top search results where people did i130 & i485 concurrently after their spouse/parents were here on visitor visa for 90 days. Hence I posted the question. 

 

I want to make sure I do it the proper way and I will go with consular processing. 

 

1. With consular processing pending application, can parents still come to the USA on their existing visitor visa? 

 

2. To be more specific, they are planning to come to the US to visit me for a month this summer (probably end of May/first week of June). If I apply for their I-130 today, and let’s say their interview date is 6-12 months from now, will they have any problem entering at port of entry in May or June?

 

 

They can visit, but they should have proof of ties to India and proof that they plan to return at the end of the visit.

 

Good Luck!

[nastra30 2,284]

File I-130 for them right away while they are in India and let the 12-15 months clock start for them right away.  Why wait. As others have already said using visitor's visa to skirt the immigration process to get a green card is fraud.

Yes, they can visit while I-130 is pending.

[Cathi 5,748]

12 hours ago, d3si.h3art said:

 

 

 

Thanks, everyone. I didn’t know it would look like fraud. 

 

I did a google search and found some top search results where people did i130 & i485 concurrently after their spouse/parents were here on visitor visa for 90 days. Hence I posted the question. 

 

I want to make sure I do it the proper way and I will go with consular processing. 

 

1. With consular processing pending application, can parents still come to the USA on their existing visitor visa? 

 

2. To be more specific, they are planning to come to the US to visit me for a month this summer (probably end of May/first week of June). If I apply for their I-130 today, and let’s say their interview date is 6-12 months from now, will they have any problem entering at port of entry in May or June?

 

 

It doesn't look like fraud, it IS fraud!