unplanned B2 to I130 filing

[yachachiq12 43]

I am hoping to get some insight. I have a parent of a USC who is visiting on a tourist visa in the US currently. This was planned as a short visit only but we are now considering whether we may want to apply for a GC for the parent of the USC. I understand the 6 months allowed for a visit would likely run out before the I-130 is approved, even if we applied tomorrow, but is there any point in even entertaining the idea of: staying until end of allowable tourist visit, applying for extension, attempting to complete all steps toward IR-1 while in US? Family circumstances have changed such that it would be best for the parent to not return to home country for long or at all. Thank you for any help you can offer! I used to frequent this site a decade ago and now find I'm in need of help and lost all over again.

[Verrou 1,962]

once you applied AOS for your parent, his case will be pending, he is allowed to stay in US when the case is pending, so you dont need to file for extension tourist visa. during that time, ur parent better stay in US, and dont leave US without Advanced parole. it wont be IR-1 for a parent, it will adjustment for status for immediate family and the petitioner has to be USC, not LPR

[yachachiq12 43]

Thank you for this help!

[Redro 4,611]

16 minutes ago, yachachiq12 said:

Thank you for this help!

Make sure to file an I-485 along with the I-130.

Have a look at the guides: 

This is for a spouse but you can modify for a parent. 

[yachachiq12 43]

51 minutes ago, ROK2USA said:

Make sure to file an I-485 along with the I-130.

Have a look at the guides: 

This is for a spouse but you can modify for a parent. 

Thanks! This is helpful. Can you or anyone else confirm that filing I-485 and I-130 at same time for parent of USC means paying both filiing fees? Or the I-485 fee includes I-130 fee. I am seeing conflicting information.

[milimelo 4,479]

3 hours ago, yachachiq12 said:

Thanks! This is helpful. Can you or anyone else confirm that filing I-485 and I-130 at same time for parent of USC means paying both filiing fees? Or the I-485 fee includes I-130 fee. I am seeing conflicting information.

I-130 - standalone fee

I-485 - standalone fee

 

There is no fee waived for I-130 when filed with I-485.

 

There is fee waived when I-765 (EAD) is filed together with I-485.