Didn’t file I-485 with I-130

[WaitingHayete 5]

Hello, my mother-in-law has her IR5 interview in November and is hoping to travel here in December. I just realized that I think I didn’t file her I-485 with her I-130 and she will only be able to stay about a month on her first trip here due to a family situation. If I file her I-485 right now I think it will take a year or more for her green card to arrive and the last time I filed for advanced parole for a family member it took longer than waiting for the green card… am I missing something or am I incorrect in these assumptions? 

[Boiler 44,824]

My guess is you are confused about what a I 485 is.

[WaitingHayete 5]

10 minutes ago, Boiler said:

My guess is you are confused about what a I 485 is.

I’m sorry but how is your reply helpful? 
 

“Submitting Form I-130, Petition for Alien Relative is the first step in helping an eligible relative apply to immigrate to the United States and get a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit. We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.“ -USCIS

 

The I-130 qualifies for them to immigrate to the United States, the I-485 is what makes them an LPR and gets them a green card.

[Boiler 44,824]

4 minutes ago, WaitingHayete said:

I’m sorry but how is your reply helpful? 
 

“Submitting Form I-130, Petition for Alien Relative is the first step in helping an eligible relative apply to immigrate to the United States and get a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit. We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.“ -USCIS

 

The I-130 qualifies for them to immigrate to the United States, the I-485 is what makes them an LPR and gets them a green card.

Are you not doing Consulate processing?

[jan22 3,014]

But I believe your MIL is not "already in the US", right?  The approved I-130 will allow her to apply for the IR-5 immigrant visa -- at her November interview.  When she enters the US with that visa, she immediately is an LPR.  No I-485 needed.

[WaitingHayete 5]

17 minutes ago, jan22 said:

But I believe your MIL is not "already in the US", right?  The approved I-130 will allow her to apply for the IR-5 immigrant visa -- at her November interview.  When she enters the US with that visa, she immediately is an LPR.  No I-485 needed.

Okay, heart attack averted. Thank you for the clarification. I was distraught over how I could have missed something so important. I was just seeing all these articles mentioning filing the I-130 and I-485 concurrently and many didn’t mention *when filing from within the USA”. 
 

Any way to know how long it takes from the time we pay the fee until her green card will arrive?

[jan22 3,014]

2 minutes ago, WaitingHayete said:

Okay, heart attack averted. Thank you for the clarification. I was distraught over how I could have missed something so important. I was just seeing all these articles mentioning filing the I-130 and I-485 concurrently and many didn’t mention *when filing from within the USA”. 
 

Any way to know how long it takes from the time we pay the fee until her green card will arrive?

Good...there are enough things to cause heart attacks during this process -- but this isn't one of them!

 

Not sure current processing times for green card -- a few weeks, I believe.  But, the stamp she will receive at the POE to "endorse" her visa will serve as proof of her green card status for a year, so she'll be good to travel when she needs to.

[WaitingHayete 5]

14 minutes ago, jan22 said:

Good...there are enough things to cause heart attacks during this process -- but this isn't one of them!

 

Not sure current processing times for green card -- a few weeks, I believe.  But, the stamp she will receive at the POE to "endorse" her visa will serve as proof of her green card status for a year, so she'll be good to travel when she needs to.

Are you sure about this? I thought if you needed to travel before receiving your green card in the mail you needed to file for advanced parole in order to be readmitted. Or am I again confusing this with waiting for the I-485 to process (when applicable).

[appleblossom 1,881]

20 minutes ago, WaitingHayete said:

Are you sure about this? I thought if you needed to travel before receiving your green card in the mail you needed to file for advanced parole in order to be readmitted. Or am I again confusing this with waiting for the I-485 to process (when applicable).

You’re confusing the two processes again. As above, when she enters on her immigrant visa she’ll become a LPR immediately, and have her visa endorsed to act as a temporary green card for the first year. Her actual green card should arrive in the mail a month or two after entry. 
 

HTH. 

[WaitingHayete 5]

1 minute ago, appleblossom said:

You’re confusing the two processes again. As above, when she enters on her immigrant visa she’ll become a LPR immediately, and have her visa endorsed to act as a temporary green card for the first year. Her actual green card should arrive in the mail a month or two after entry. 
 

HTH. 

Thank you everyone for your kind and prompt replies. I feel much better now!