Mom inside the US. Her case is overseas ?? (merged)

[Dantrolene 15]

Hi. I filed 1-130 for my mother while she was overseas back home. Her case got approved at the NVC center and waiting for the interview to be done at consular home country. No scheduled yet. 

 

My mother visited me here on tourist visa like a month ago and I'd like her to stay and continue her case here.   What to do? How to move the case from her homecountry to have the interview here?  Does she have to start a new application here, or change of status application is enough?  

 

I appreciate informative factual thoutghs.  Thanks 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parent already in the US ***

 

41 minutes ago, Dantrolene said:

change of status application is enough?

 

What you want is Adjustment of Status (AOS using form I-485), not Change of Status (COS using form I-539).

 

Have your mom file forms I-485, I-765, I-131.  Of course, you may file them on her behalf, but she must be the signatory.  Include a copy of the I-130 approval notice in the package.  Also, she will need an updated I-864 and financial documents from you, even if you already submitted them to NVC.

 

[EDIT]  I-693 from an accredited civil surgeon also required.  Your mom has the option of submitting that with the I-485, or later in the process when USCIS asks for it.

 

Edited September 15, 2022 by Chancy
added I-693

[Dantrolene 15]

1 minute ago, Chancy said:

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parent already in the US ***

 

 

What you want is Adjustment of Status (AOS using form I-485), not Change of Status (COS using form I-539).

 

Have your mom file forms I-485, I-765, I-131.  Of course, you may file them on her behalf, but she must be the signatory.  Include a copy of the I-130 approval notice in the package.  Also, she will need an updated I-864 and financial documents from you, even if you already submitted them to NVC.

 

Thank you. 

 

So she has been only here for 1 month now. I heard some say wait for 3 months then have her adjust the status? Is that true? I just would like sooner than later for quick process, if filing before 3 months won't hurt her case. 

 

I am assuming forms I-765, I-131 for employment and travel permit correct ?

 

Also her approved I-130 doesn't have to be reinstated, right? Shall I inform NVC about adjusting the status so they don't send her application to the consular embassy at home county ?

 

[Chancy 6,241]

1 minute ago, Dantrolene said:

I heard some say wait for 3 months then have her adjust the status?

 

No need to wait.  Just be aware that once she files for AOS, she could be stuck here for many months, if she doesn't want to abandon the process.  It's currently taking 8 months or so for USCIS to process I-131 for AP travel permit.

 

6 minutes ago, Dantrolene said:

Shall I inform NVC about adjusting the status so they don't send her application to the consular embassy at home county ?

 

Yes.  Request that the approved I-130 be sent to USCIS for adjustment of status.  Send the request to NVC only after you get the I-485 receipt notice.

 

[Dantrolene 15]

15 minutes ago, Chancy said:

 

No need to wait.  Just be aware that once she files for AOS, she could be stuck here for many months, if she doesn't want to abandon the process.  It's currently taking 8 months or so for USCIS to process I-131 for AP travel permit.

 

 

Yes.  Request that the approved I-130 be sent to USCIS for adjustment of status.  Send the request to NVC only after you get the I-485 receipt notice.

 

Great thanks a lot. I'll do as directed.  One last question, how long does it usually take processing time until she gets her GC?   There is no rush for her to travel, but work permit is needed.  

[Dantrolene 15]

18 minutes ago, Chancy said:

 

No need to wait.  Just be aware that once she files for AOS, she could be stuck here for many months, if she doesn't want to abandon the process.  It's currently taking 8 months or so for USCIS to process I-131 for AP travel permit.

 

 

Yes.  Request that the approved I-130 be sent to USCIS for adjustment of status.  Send the request to NVC only after you get the I-485 receipt notice.

 

 I was little mistaken about something, now her I-130 has been submitted and NVC has given her notice receipt and case number and it's been processing for about 4 months now. They recently sent me a msg on the CEAC portal asking for my W-2 forms, I submitted that already about a week ago. No updates yet.  Does this mean her I-139 has been approved but incomplete or not approved yet ?  Despite this fact, do you think resuming with AOS right now is the right thing to do at this moment ? 

[Chancy 6,241]

7 minutes ago, Dantrolene said:

Does this mean her I-139 has been approved but incomplete or not approved yet ?

 

What matters is the I-130 approval notice from USCIS.  The notices from NVC don't matter anymore if you and your mom are set on the AOS route.  Whether it's the right thing to do, depends on your circumstances.  Like I said, if your mom is fine with being stuck here for many months and possibly not leave even for family emergency, she can go ahead and file for AOS.

 

[Dantrolene 15]

1 minute ago, Chancy said:

 

What matters is the I-130 approval notice from USCIS.  The notices from NVC don't matter anymore if you and your mom are set on the AOS route.  Whether it's the right thing to do, depends on your circumstances.  Like I said, if your mom is fine with being stuck here for many months and possibly not leave even for family emergency, she can go ahead and file for AOS.

 

Thanks a lot. I'll do as directed.  One last question, how long does it usually take processing time until she gets her GC?   There is no rush for her to travel, but work permit is needed.  

 

 Quote

 

 

 

[Chancy 6,241]

1 minute ago, Dantrolene said:

how long does it usually take processing time until she gets her GC?   There is no rush for her to travel, but work permit is needed.

 

I-485 processing time depends on the USCIS local field office that has jurisdiction over your area.  Estimates are posted here -- https://egov.uscis.gov/processing-times/

 

As for the EAD work permit, some have gotten it within a few months, while some had to wait over a year.  There's no guaranteed timeframe.  So that's another factor that you and your mom might want to consider.

 

[Dantrolene 15]

3 minutes ago, Chancy said:

 

I-485 processing time depends on the USCIS local field office that has jurisdiction over your area.  Estimates are posted here -- https://egov.uscis.gov/processing-times/

 

As for the EAD work permit, some have gotten it within a few months, while some had to wait over a year.  There's no guaranteed timeframe.  So that's another factor that you and your mom might want to consider.

 

It says Seattle ( original address)  takes about 23 months.

If we decide to move to Cleveland it takes only 13 months. Can we easily change address on the applications and move to Cleveland for quick process ??  I am flexible on moving since my job is flexible. 

[Chancy 6,241]

5 minutes ago, Dantrolene said:

If we decide to move to Cleveland it takes only 13 months. Can we easily change address on the applications and move to Cleveland for quick process ??

 

Again, no guarantees on the timeframe even if you move to Cleveland.  Also, no guarantee that the change of address sent to USCIS will stick.  Some VJ members have had issues with it.

 

[Timona 4,207]

11 hours ago, Dantrolene said:

Can we easily change address on the applications and move to Cleveland for quick process ??  I am flexible on moving since my job is flexible. 

 

No...you cannot shop for field offices. USCIS knows this trick all too well. 

 

If I were you, I'd just let her go via consular as opposed to headaches of AOS timeframe. Additionally, save some $$ in the process. For old people, the inability to work and interact like they used to do outside US may cause some to be depressed. I'd rather she goes home, does consular as she gradually mentally prepares for the move.

[Letspaintcookies 2,310]

What country are we talking about? You're already at the NVC stage. If her country doesn't have a huge backlog going the AOS route and basically starting all over seems like a not so clever decision. 

[Demise 1,283]

16 hours ago, Dantrolene said:

 I was little mistaken about something, now her I-130 has been submitted and NVC has given her notice receipt and case number and it's been processing for about 4 months now. They recently sent me a msg on the CEAC portal asking for my W-2 forms, I submitted that already about a week ago. No updates yet.  Does this mean her I-139 has been approved but incomplete or not approved yet ?  Despite this fact, do you think resuming with AOS right now is the right thing to do at this moment ? 

It's been approved. The processing is a bit weird. The decision upon I-130 rests with USCIS no matter what, they approved it and the form remains theirs. They just forwarded the part of issuing the visa to the Department of State. The thing is that you can at any time take the case and have USCIS process an adjustment application regardless of whatever DOS is doing.

 

17 hours ago, Dantrolene said:

I heard some say wait for 3 months then have her adjust the status? Is that true? I just would like sooner than later for quick process, if filing before 3 months won't hurt her case. 

 

I am assuming forms I-765, I-131 for employment and travel permit correct ?

 

Also her approved I-130 doesn't have to be reinstated, right? Shall I inform NVC about adjusting the status so they don't send her application to the consular embassy at home county ?

 

What you are referring to is what's known as the "90 day rule", which is a weird thing that DOS abides by and USCIS doesn't. USCIS will let her adjust just fine, but if she were to abandon the application and later try to seek an immigrant visa then DOS will do a lot of hand-wriggling and basically accusing her of immigration fraud. So yeah in this case, if she files for AOS she needs to stay in US at least until USCIS approved her I-131.

 

Yes, I-765 and I-131 for EAD and Advance Parole. They're free if filed with I-485 or while one is pending.

 

No, the approved I-130 doesn't have to have anything done with it. The correct thing to do would be to write to NVC that your mother will instead apply for AOS and to close the case they have going on over there, but this is more of a courtesy you'd give to the government so they won't waste an interview slot, it's not a hard requirement.

[Dantrolene 15]

Ready to send my AOS package, and wondering about these:

 

1- Better to pay the fees with debit card or credit card?  I am afraid if credit card denies the USCIS transaction for any reason..

 

2- can I do my medical examination in any state ?  I am filing from Michigan to Chicago office. so can I do my examination in Seattle ?

 

3- Is it better to wait until I get the medical examination form ready to submit it with AOS package ? Or is it okay to send it separately 2-3 weeks later  ?