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KTH1010

Filing I-130 and I-435 concurrently

By KTH1010 in Adjustment of Status Case Filing and Progress Reports

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KTH1010 Apprentice

KTH1010   5

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

Hello!

 

My parent is currently visiting me on a US tourist visa. This is her second time in the US and we are thinking about filing for permanent residency. Is there any waiting period before we can file? I remember when I came on K type visa, me and my spouse had to wait for 90 days I believe. Is the same rule applicable for a US citizen's parent who is currently in US? 

 

-Thank you. 

Dashinka Grand Master

Dashinka   24,649

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
38 minutes ago, KTH1010 said:

Hello!

 

My parent is currently visiting me on a US tourist visa. This is her second time in the US and we are thinking about filing for permanent residency. Is there any waiting period before we can file? I remember when I came on K type visa, me and my spouse had to wait for 90 days I believe. Is the same rule applicable for a US citizen's parent who is currently in US? 

 

-Thank you. 

No waiting period.  
 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
49 minutes ago, KTH1010 said:

Hello!

 

My parent is currently visiting me on a US tourist visa. This is her second time in the US and we are thinking about filing for permanent residency. Is there any waiting period before we can file? I remember when I came on K type visa, me and my spouse had to wait for 90 days I believe. Is the same rule applicable for a US citizen's parent who is currently in US? 

 

-Thank you. 

Are you a citizen?

YMMV

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
57 minutes ago, KTH1010 said:

I remember when I came on K type visa, me and my spouse had to wait for 90 days I believe.

Your memory is off or you misunderstood something. You were to file within 90 days to maintain lawfully present. Doing so after 90 days would not have been held against you, but only because overstay of a spouse of a USC is not a bar for AOS.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

KTH1010 Apprentice

KTH1010   5

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
  • Author
Posted
1 minute ago, geowrian said:

Your memory is off or you misunderstood something. You were to file within 90 days to maintain lawfully presence. Doing so after 90 days would not have been held against you, but only because overstay of a spouse of a USC is not a bar for AOS.

Maybe you are right. I just remember it had to do something with 90 days and that we did not file right away. So I though we had to wait for 90 days to file. 

 
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