Sponsoring Mom

[Dan2023 26]

  On 6/27/2023 at 12:58 AM, Redro said:

Maybe someone from India can give more information but is should be sufficient? 

Just make sure to write down all the previous names your mom used on the I-130! 

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i was thinking of same name document and getting it notarized cuz her passport has new name but my bc has old name

[Dan2023 26]

sure thanks Redro

 

I still have this confusion and question around the I 130 and I 485 process

 

does I 485 have to applied with I 130 or can be filed later ?

 

scenario being that am filing I 130 now in July when my mom will be gone back to india.

 

if she visits me again lets say dec 2023 can i file for her I 485 then ?

[Redro 4,613]

  On 7/5/2023 at 7:50 AM, Dan&Carol said:

sure thanks Redro

 

I still have this confusion and question around the I 130 and I 485 process

 

does I 485 have to applied with I 130 or can be filed later ?

 

scenario being that am filing I 130 now in July when my mom will be gone back to india.

 

if she visits me again lets say dec 2023 can i file for her I 485 then ?

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Entering the US on a non immigrant visa (tourist visa) with the intention of adjusting status (filing i485) is immigration fraud. 
If your mother leaves this July and you file the I130 you will wait about 12 months for the I130 to be approved. 
Then she will complete DS260 and you will complete the I864. 
After those documents are accepted she will wait to be called for an interview at the embassy. I believe the complete time from filing I130 to interview will be about 24 months. So, July 2025 your mother will receive her immigrant visa. 
She can still visit you in December 2023 but each entry is up to CBP. If they think she is entering to stay in the US they won’t allow her to enter the US and she will have to return to India. 

[Dashinka 25,199]

  On 7/5/2023 at 7:50 AM, Dan&Carol said:

sure thanks Redro

 

I still have this confusion and question around the I 130 and I 485 process

 

does I 485 have to applied with I 130 or can be filed later ?

Expand  

if you are planning on doing the AOS while she is currently in the US, you can file them together, or add the I485 later while she is here.

  On 7/5/2023 at 7:50 AM, Dan&Carol said:

 

scenario being that am filing I 130 now in July when my mom will be gone back to india.

 

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If she plans to go back, the I485 will not come into play.

  On 7/5/2023 at 7:50 AM, Dan&Carol said:

if she visits me again lets say dec 2023 can i file for her I 485 then ?

 

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No.

Edited July 5, 2023 by Dashinka

[Dan2023 26]

Thankyou

  On 7/5/2023 at 10:26 AM, Redro said:

Entering the US on a non immigrant visa (tourist visa) with the intention of adjusting status (filing i485) is immigration fraud. 
If your mother leaves this July and you file the I130 you will wait about 12 months for the I130 to be approved. 
Then she will complete DS260 and you will complete the I864. 
After those documents are accepted she will wait to be called for an interview at the embassy. I believe the complete time from filing I130 to interview will be about 24 months. So, July 2025 your mother will receive her immigrant visa. 
She can still visit you in December 2023 but each entry is up to CBP. If they think she is entering to stay in the US they won’t allow her to enter the US and she will have to return to India. 

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is there a problem in her regular visit if we file I 130 now ?

[Dan2023 26]

  On 7/5/2023 at 10:57 AM, Dashinka said:

if you are planning on doing the AOS while she is currently in the US, you can file them together, or add the I485 later while she is here.

If she plans to go back, the I485 will not come into play.

No.

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thank you Dash. is it better to file I 130 and I 485 together when she is here ? does filing I 485 with I 130 make process any faster ?

[Boiler 46,574]

  On 7/5/2023 at 2:29 PM, Dan&Carol said:

thank you Dash. is it better to file I 130 and I 485 together when she is here ? does filing I 485 with I 130 make process any faster ?

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See comments above.

[Dan2023 26]

  On 7/5/2023 at 2:32 PM, Boiler said:

See comments above.

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didn't see your comments but again the question why would someone file I 130 with the I 485 if person travelling have to go back within 6 months of there stay date?

[Boiler 46,574]

  On 7/5/2023 at 2:42 PM, Dan&Carol said:

didn't see your comments but again the question why would someone file I 130 with the I 485 if person travelling have to go back within 6 months of there stay date?

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They were not my comments, she is not adjusting I 485 is used where people are.

[Dan2023 26]

  On 7/5/2023 at 2:44 PM, Boiler said:

They were not my comments, she is not adjusting I 485 is used where people are.

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ok the question remains same why would someone file I 130 with the I 485 if person travelling have to go back within 6 months of there stay date?

 

does filing I 130 with I 485 make the process any faster ?

[Boiler 46,574]

They wouldn't.

[Dan2023 26]

  On 7/5/2023 at 2:50 PM, Boiler said:

They wouldn't.

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got it thanks so can she still travel to states on b1/b2 visa while I 130 is in process ?

[Boiler 46,574]

Filing the I 130 should not impact visits.

[Dan2023 26]

  On 7/5/2023 at 3:06 PM, Boiler said:

Filing the I 130 should not impact visits.

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sure Thanks

[Noname93 209]

  On 7/5/2023 at 2:42 PM, Dan&Carol said:

why would someone file I 130 with the I 485 if person travelling have to go back within 6 months of there stay date?

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Filing adjustment of status puts you in authorized stay. That means the person can (and pretty much has to) wait out their time inside the US. If they leave before AP or the greencard is approved, the whole process is considered abandoned.