I-130 For Mother - PLEASE HELP

[aaron2020 11,651]

1 hour ago, Murad said:

 

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). The purpose of a tourist visa is tourism.  It's not to come and live with you and your child.  This is how CBP will view your mother as illegally living in the US with a tourist visa when she's in the US for 4 months, leave for a 1 month visit to Russia, and then return on a tourist visa to live with you.  This is the danger we are trying to warn you about.  

or Once she is back from Russia, just apply for the status adjustment, and wait for the interview here?  That's illegal.  It's illegal to use a tourist visa to enter the US with the intent to adjust status.  

Thanks for your help in advance everyone

 

[Murad 0]

4 minutes ago, aaron2020 said:

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.  

I was thinking she would come back for another 5 months, and hopefully by that time she will get her interview scheduled in Moscow and go there for few weeks just for the interview..

If that is not consistent with a person who is visiting the US, why did they put stamp in her passport allowing her to stay until April when she came here in October?

 

But I Got your point now...

 

Another question - even though she came here in October, after I filed for I-130 application, it is safe to file for I-485 form right now and wait for the status adjustment?

DO you know approximately when she will get that Travel Permit? Maybe I just need to apply for status re-adjustment and postpone things she needs to do in February..

1 minute ago, aaron2020 said:

 

Thanks a lot:) Got it... I guess im going to apply for status adjustment and let my mom wait here...

Thanks a lot

[aaron2020 11,651]

15 minutes ago, Murad said:

I was thinking she would come back for another 5 months, and hopefully by that time she will get her interview scheduled in Moscow and go there for few weeks just for the interview..

If that is not consistent with a person who is visiting the US, why did they put stamp in her passport allowing her to stay until April when she came here in October?  She was allowed ONE visit of up to six months.  It's a whole different story when it's 4 months in the US, then 1 month in Russia, and then another 5 months in the US.  Starts to look a lot like she is abusing her tourist visa to live in the US for 9 out of 10 months with a brief visit to Russia.  

 

But I Got your point now...

 

Another question - even though she came here in October, after I filed for I-130 application, it is safe to file for I-485 form right now and wait for the status adjustment?  Yes, she can file to adjust right now SINCE she did not intent to immigrate when she entered the US back in October.   Leaving the US in February and then returning on the tourist visa with the intent to adjust status is a completely different matter. 

DO you know approximately when she will get that Travel Permit? Currently 6 months for AP.  Maybe I just need to apply for status re-adjustment and postpone things she needs to do in February..

Thanks a lot:) Got it... I guess im going to apply for status adjustment and let my mom wait here...

Thanks a lot

 

Edited December 10, 2020 by aaron2020

[Boiler 45,538]

Do you need her to look after the baby?

[Murad 0]

11 minutes ago, Boiler said:

Do you need her to look after the baby?

Yes:( I and my wife are working full time so we need my mom to look after the baby...

[Murad 0]

On 12/9/2020 at 8:27 PM, aaron2020 said:

 

Hi Aaron2020,

 

I started to gather all of the necessary information for I-485 form, and its a lot:)

Do you have any recomendations on what backup to include?

I am looking online, and it talks a lot about forms that I have never heard about and not sure where even to get them from.

 

Below is the checklist from USCIS website with I485 form, can you please tell me what is actually required and whats not?

Bold sentences indicate the items im not sure where to get from lol

Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants 

Checklist for Immediate Relatives

Did you provide the following?

• Two passport style photographs
• A copy of your government-issued identity document with photograph
• A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence.
• Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions.
• Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf)
• Form I-864, Affidavit of Support
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable)
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable)
• Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable)
• Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable)
• Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status). 
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable)

I appreciate your help

[Murad 0]

Hi everyone!

So I just learned that my I-130 petition was approved.

 

I still can file I-485 application right? I am in the process of gathering all of the required information to send out with that form

 

Thanks again for help!