I-130 For Mother - PLEASE HELP

[Murad 0]

Hi Everyone,

I hope everyone is doing great.

 

Please help me out with the situation described below:

 

I filled I-130 Petition online for my mother back in May-2020, however the case is still pending and I didn't receive either approval or rejection.

When checking for processing times on the website it says that it takes 7.5-9.5 months to process it. As of today, 12/07 there are still no updates in regards to my case.

I am wondering if it Is because of COVID-19? Should I start worry?

 

Also, my mom lives in Russia, but she has U.S. Tourist visa, and she just came to help us with the baby for few months, and I was wondering:

1. How long in advance will they call her to the interview in Russia? We need to make sure we get her back to Russia by that time

2. Is it possible to schedule an interview in U.S. in case she is still here when the application is approved?

Should I even think about doing that or its a hassle and its easier to just send her back to Russia for the interview?

3. What are the next steps after I-130 application is approved?

4.How long should the whole process take?

 

Thanks for all your help guys!!!

Appreciate it!

 

 

[NancyNguyen 1,657]

No one can tell you how long it is gonna take at this time, everything is backlogged now. She can adjust status here, so she doesn’t have to come back to Russia. File i-485 with copy of i-130 receipt.

[PaulaCJohnny 713]

51 minutes ago, Murad said:

Hi Everyone,

I hope everyone is doing great.

 

Please help me out with the situation described below:

 

I filled I-130 Petition online for my mother back in May-2020, however the case is still pending and I didn't receive either approval or rejection.

When checking for processing times on the website it says that it takes 7.5-9.5 months to process it. As of today, 12/07 there are still no updates in regards to my case.

I am wondering if it Is because of COVID-19? Should I start worry?

 

Also, my mom lives in Russia, but she has U.S. Tourist visa, and she just came to help us with the baby for few months, and I was wondering:

1. How long in advance will they call her to the interview in Russia? We need to make sure we get her back to Russia by that time

2. Is it possible to schedule an interview in U.S. in case she is still here when the application is approved?

Should I even think about doing that or its a hassle and its easier to just send her back to Russia for the interview?

3. What are the next steps after I-130 application is approved?

4.How long should the whole process take?

 

Thanks for all your help guys!!!

Appreciate it!

 

 

You are still inside of the " 7.5 -9-5" months. After that (February) you can start to over think!

[designguy 1,179]

If shes here just file to adjust status now. She just wont be able to work or travel for about 6 months after filing

[millefleur 5,045]

Seconding the others that if it is not a financial burden to you, having her adjust status now (assuming she's still here?) is not a bad idea. The Moscow embassy right now is going at a snail's pace with very little updates to speak of....so even if the I-130 gets approved soon, you're looking at extra wait times that will be dependent on the Moscow Embassy actually processing everything else.

[Murad 0]

1 hour ago, millefleur said:

Seconding the others that if it is not a financial burden to you, having her adjust status now (assuming she's still here?) is not a bad idea. The Moscow embassy right now is going at a snail's pace with very little updates to speak of....so even if the I-130 gets approved soon, you're looking at extra wait times that will be dependent on the Moscow Embassy actually processing everything else.

Thanks a lot for the reply!

What do you mean by "not financial burden" does it cost additional money to apply for status adjustment? if yes, do you know how much by any chance?

 

Also, my mom needs to go back to Russia in February to take care of some things and according to someone else's reply, if I adjust the status now, she wont be able to travel for 6 months. If that is the case it work work for us.

If, lets say, her I-130 application gets approved in February, while she is in Russia, can she come back and we then adjust her status? or since she would be in Russia upon application approval she would need wait for the interview there?

 

Spasibo za pomosh:)

 

Thanks

[aaron2020 11,651]

1 minute ago, Murad said:

Thanks a lot for the reply!

What do you mean by "not financial burden" does it cost additional money to apply for status adjustment? if yes, do you know how much by any chance?

 

Also, my mom needs to go back to Russia in February to take care of some things and according to someone else's reply, if I adjust the status now, she wont be able to travel for 6 months. If that is the case it work work for us.

If, lets say, her I-130 application gets approved in February, while she is in Russia, can she come back and we then adjust her status? or since she would be in Russia upon application approval she would need wait for the interview there?

 

Spasibo za pomosh:)

 

Thanks

Yes, it cost to apply for adjustment of status.  About $1200.

Since she needs to return to Russia in Feb, then adjustment of status will not work for her since she is unlikely to get AP by then.  AP is taking about 6 months to get.  If she leaves without AP, then she abandons the AOS.

No, she can not come back and apply for AOS. That's visa fraud.  She can not use a non-immigrant visitor visa to enter the US with the intent to immigrate by filing for AOS.

 

It would be best for her to return to Russia in February and wait for a consular interview for an immigrant visa.  Upon entry into the US with an immigrant visa, she would immediately get a green card.  

[Murad 0]

13 minutes ago, aaron2020 said:

Yes, it cost to apply for adjustment of status.  About $1200.

Since she needs to return to Russia in Feb, then adjustment of status will not work for her since she is unlikely to get AP by then.  AP is taking about 6 months to get.  If she leaves without AP, then she abandons the AOS.

No, she can not come back and apply for AOS. That's visa fraud.  She can not use a non-immigrant visitor visa to enter the US with the intent to immigrate by filing for AOS.

 

It would be best for her to return to Russia in February and wait for a consular interview for an immigrant visa.  Upon entry into the US with an immigrant visa, she would immediately get a green card.  

That's not a good news:(

 

So basically, since she will have to go back to Russia in Feb, she must wait there for I-130 application approval & then for Russian Consulate to schedule her interview?

Since she currently has non-immigrant Travel Visa, can she comes back to US after she takes care of some things in February, wait for the I-130 application approval & Interview Schedule and then go back to Russia just for the Interview? (Without adjusting her status)

Or she MUST be in Russia upon I-130 Application approval? The thing is that I dont want to leave my mom alone for long time...

 

Thanks for your help!

 

[aaron2020 11,651]

2 hours ago, Murad said:

That's not a good news:(

 

So basically, since she will have to go back to Russia in Feb, she must wait there for I-130 application approval & then for Russian Consulate to schedule her interview?

Since she currently has non-immigrant Travel Visa, can she comes back to US after she takes care of some things in February, wait for the I-130 application approval & Interview Schedule and then go back to Russia just for the Interview? (Without adjusting her status)

Or she MUST be in Russia upon I-130 Application approval? The thing is that I dont want to leave my mom alone for long time...

 

Thanks for your help!

 

Separation is part of the choice to immigrate.  

With a long visit, your mother could be denied entry if she takes a brief trip to Russia.  It will look like she is living in the US illegally with a tourist visa with a brief visit to Russia.  The general rule of thumb is to be outside the US for at least the same amount of time as the prior stay in the US before attempting to return to the US.

 

Ultimately, it's your choice for your mother to visit again or not.  There are down sides that you need to consider.  

[Strawberrymermaid 346]

On 12/7/2020 at 10:14 PM, Murad said:

Hi Everyone,

I hope everyone is doing great.

 

Please help me out with the situation described below:

 

I filled I-130 Petition online for my mother back in May-2020, however the case is still pending and I didn't receive either approval or rejection.

When checking for processing times on the website it says that it takes 7.5-9.5 months to process it. As of today, 12/07 there are still no updates in regards to my case.

I am wondering if it Is because of COVID-19? Should I start worry?

 

Also, my mom lives in Russia, but she has U.S. Tourist visa, and she just came to help us with the baby for few months, and I was wondering:

1. How long in advance will they call her to the interview in Russia? We need to make sure we get her back to Russia by that time

2. Is it possible to schedule an interview in U.S. in case she is still here when the application is approved?

Should I even think about doing that or its a hassle and its easier to just send her back to Russia for the interview?

3. What are the next steps after I-130 application is approved?

4.How long should the whole process take?

 

Thanks for all your help guys!!!

Appreciate it!

 

 

FWIW, there's people in line at Moscow embassy waiting for interviews since January of this year. The interviews there are few and far between, and seem to only be expedites. So, the interviews at Moscow will be a long wait either way unfortunately  

[Murad 0]

20 hours ago, aaron2020 said:

Separation is part of the choice to immigrate.  

With a long visit, your mother could be denied entry if she takes a brief trip to Russia.  It will look like she is living in the US illegally with a tourist visa with a brief visit to Russia.  The general rule of thumb is to be outside the US for at least the same amount of time as the prior stay in the US before attempting to return to the US.

 

Ultimately, it's your choice for your mother to visit again or not.  There are down sides that you need to consider.  

 

23 hours ago, aaron2020 said:

Yes, it cost to apply for adjustment of status.  About $1200.

Since she needs to return to Russia in Feb, then adjustment of status will not work for her since she is unlikely to get AP by then.  AP is taking about 6 months to get.  If she leaves without AP, then she abandons the AOS.

No, she can not come back and apply for AOS. That's visa fraud.  She can not use a non-immigrant visitor visa to enter the US with the intent to immigrate by filing for AOS.

 

It would be best for her to return to Russia in February and wait for a consular interview for an immigrant visa.  Upon entry into the US with an immigrant visa, she would immediately get a green card.  

Thank you for your replies however now I am more confused and worried.

 

My mom got Travel Visa for 3 years just before Covid-19 Shutdown.

I filed the I-130 petition for her on MAY-2020, and it is still pending.

She came over to US to help us with the newborn baby at the end of October, and she is still here and we are planning to send her back to Russia for 1 month to take care of some stuff.

The recommendation is to be in Russia until the I-130 Application is approved, and she is called for the interview (Which can take up to additional year according to the comments because Embassy in Moscow is behind?)

 

I still dont understand why she can't come back from Russia to US, and wait for her interview in the US? Next to me & her grandchild, while being alone in Russia waiting for the interview)

or Once she is back from Russia, just apply for the status adjustment, and wait for the interview here?

Thanks for your help in advance everyone

[aleful 1,905]

hi

 

because it is too soon, she came, she visited, if she leaves and knowing that there is a petition on her behalf, they will believe that this time she is intending to stay. which is what she will be doing, that is fraud, entering on a tourist visa with the intent of staying to get a green card.

 

she is here now, you have to make a decision, if she leaves, she won't be able to come back until she gets her visa. or have her stay and adjust status,

 

if she stays now that she is here, once you send the adjustment of status packet and when she  gets a travel permit, she can go to Russia and return.

 

 

 

 

Edited December 10, 2020 by aleful

[Murad 0]

6 minutes ago, aleful said:

hi

 

because it is too soon, she came, she visited, if she leaves and knowing that there is a petition on her behalf, they will believe that this time she is intending to stay. which is what she will be doing, that is fraud, entering on a tourist visa with the intent of staying to get a green card.

 

she is here now, you have to make a decision, if she leaves, she won't be able to come back until she gets her visa. or have her stay and adjust status,

 

if she stays now that she is here, once you send the adjustment of status packet and when she  gets a travel permit, she can go to Russia and return.

 

 

 

 

Thank you for the reply! Do you know how long does it usually take to get a travel permit?

 

Thats a tough decision to make.

 

Thanks

[Murad 0]

12 minutes ago, aleful said:

hi

 

because it is too soon, she came, she visited, if she leaves and knowing that there is a petition on her behalf, they will believe that this time she is intending to stay. which is what she will be doing, that is fraud, entering on a tourist visa with the intent of staying to get a green card.

 

she is here now, you have to make a decision, if she leaves, she won't be able to come back until she gets her visa. or have her stay and adjust status,

 

if she stays now that she is here, once you send the adjustment of status packet and when she  gets a travel permit, she can go to Russia and return.

 

 

 

 

Also, what if she comes back from Russia, and stays here without ADJUSTING her status, and waits here untill her Interview in russia?

She has Tourist visa, and she can go back and forth, can we do that?

 

When she came to US in October, in airport they stamped in her passport that she is allowed to stay in US until April (For 6 months).

But she is leaving in February for a month.. Can she stay for 5-6 months in U.S., go back to Russia, and then come back to US she has Interview scheduled in Russia?

Edited December 10, 2020 by Murad

[aaron2020 11,651]

You're not getting it.

 

She's in the US for 4 months, then she leaves for 1 month, then she is back in the US for how many more months?  

That is not consistent with a person who is visiting the US.  That is consistent with a person who is illegally using a tourist visa to live in the US and visit Russia for 1 month.

That is how it will look to CBP.  There is no guarantee that your mother will be let back in the US after visiting Russia for 1 month.