Approved I-130 - Need Help

[Deagle 508]

On 12/10/2023 at 6:55 PM, Boiler said:

The more petitions the better especially when dealing with long processing times.

 

5 hours ago, appleblossom said:

 

Table A is when a visa is available, Table B is when you can start the process of applying for a visa. So when the PD is current on Table B your parents will be asked to pay fees, submit documents etc, in preparation for when their PD becomes current on Table A.

 

And the date shown is the Priority Date - so the people who have a visa available to them this month have Priority Dates from before 22nd Sept 2015. 

 

Another question, the petitioner is the applicant's mother. His father is here as well. The mother might have to go back to her country to be with the son and provide care, especially that new medical issues are arising. What is the best way to proceed with this?

 

• Can we move the approved I-130 from the mother's name to the father's name since he will stay in the US?
• If the mother (GC holder and petitioner) has to stay with the son in their country for over a year, would that affect her PR status and the son's I-130?

Thanks

[appleblossom 2,816]

8 minutes ago, Deagle said:

 

 

Another question, the petitioner is the applicant's mother. His father is here as well. The mother might have to go back to her country to be with the son and provide care, especially that new medical issues are arising. What is the best way to proceed with this?

 

• Can we move the approved I-130 from the mother's name to the father's name since he will stay in the US?
• If the mother (GC holder and petitioner) has to stay with the son in their country for over a year, would that affect her PR status and the son's I-130?

Thanks

 

They can both apply, you can't 'move' a petition from one to the other. So perhaps the father should apply asap as well.

 

The mother needs to be very careful as a year out of the country may well affect her own status. When you say 'over a year', how long are you thinking -presumably not the decade or so it'll take him to get a visa?? 

[Boiler 45,753]

2 hours ago, Deagle said:

 

 

Another question, the petitioner is the applicant's mother. His father is here as well. The mother might have to go back to her country to be with the son and provide care, especially that new medical issues are arising. What is the best way to proceed with this?

 

• Can we move the approved I-130 from the mother's name to the father's name since he will stay in the US?
• If the mother (GC holder and petitioner) has to stay with the son in their country for over a year, would that affect her PR status and the son's I-130?

Thanks

The Father should petition as well, file an I 130, you never know what will happen.

 

How will the Mother maintain her US Permanent Residency?

[Deagle 508]

2 hours ago, appleblossom said:

 

They can both apply, you can't 'move' a petition from one to the other. So perhaps the father should apply asap as well.

 

The mother needs to be very careful as a year out of the country may well affect her own status. When you say 'over a year', how long are you thinking -presumably not the decade or so it'll take him to get a visa?? 

 

She might stay a year out of the country or a bit less.

 

40 minutes ago, Boiler said:

The Father should petition as well, file an I 130, you never know what will happen.

 

How will the Mother maintain her US Permanent Residency?

 

What would happen if the father filed a petition for him now? Will he have 2 petitions? Regarding the mother, what is the best way for her to maintain the PR status? She definitely needs to look after her son now given his situation, but in the same time her other son and husband are in the US.

 

[IWander 589]

2 minutes ago, Deagle said:

 

She might stay a year out of the country or a bit less.

 

 

What would happen if the father filed a petition for him now? Will he have 2 petitions? Regarding the mother, what is the best way for her to maintain the PR status? She definitely needs to look after her son now given his situation, but in the same time her other son and husband are in the US.

 

Multiple petition are permitted 

[Deagle 508]

The mother just received an email from the NVC now with a case number and invoice number created as F22. When logged in CEAC, I am seeing that we have to pay 2 fees. $120 + $325.

 

• Are these to be paid now?
• I see the mother's name under the AOS. Can this AOS be provided from the father since he is working?

 

 

Thank you

[appleblossom 2,816]

Personally I wouldn't pay the fees yet. Partly because you can save the money for a while as your brother is many years off being able to get a visa, and partly because your father may need to be his petitioner if your mother ends up losing her LPR status. If your father petitions for him asap, then there's a even chance that the I-130 will take a lot longer, so your brother may just come under F2A.

 

So I'd wait to pay the fees until you know which parent will actually be his petitioner or at least give it 6 months until you have a better idea of what's going on and how long your mother is likely to be out of the US for. 

 

As you've been advised on this thread and your previous one, multiple petitions are permitted (and a good idea). 

 

What is the reason you think she'll need to stay a year? Could it be less? If your mother just leaves for a few months (and maintains ties to the US i.e. bank account, driving licences, filing taxes etc) then it should be ok. How long has she lived in the US?

 

 

Edited December 13, 2023 by appleblossom

[appleblossom 2,816]

Also, when does your mother need to leave the US? If it's for a medical emergency for your brother then presumably she doesn't have time to get a re-entry permit?

[Deagle 508]

16 minutes ago, appleblossom said:

If your father petitions for him asap, then there's a even chance that the I-130 will take a lot longer, so your brother may just come under F2A.

 

I didnt really understand the part above. Do you mean if the father file a petition for it will take a lot longer? What is the benefit of doing that?

 

 

The mother doesnt have a job here, not yet at least. She is a stay at home wife. She does have a license, bank account, her name is on the lease and utility bills. 

 

They arrived here in July of this year 2023. She will need to return in February 2024. so about 2 months from now. She might stay a year or over or under. Not sure yet. What will the re-entry permit do exactly and how long does it take? 

[Boiler 45,753]

The longer the I 130 takes the more can be deducted for CSPA purposes.

 

she would have been given a leaflet detailing her responsibilities as a Permanent Resident of the US, she needs to read it.

 

 

[Deagle 508]

On 12/12/2023 at 5:27 PM, Boiler said:

The Father should petition as well, file an I 130, you never know what will happen.

 

How will the Mother maintain her US Permanent Residency?

Hello, my parents are planning to go back to their home country after 1 month, and possibly stay for extended time due to some issues going on. I assume they should file the I-131. Will it get approved/processed in 1 month? Can they file it and ask for an expedite processing in case they need their biometrics?

 

Thanks

[appleblossom 2,816]

6 minutes ago, Deagle said:

Hello, my parents are planning to go back to their home country after 1 month, and possibly stay for extended time due to some issues going on. I assume they should file the I-131. Will it get approved/processed in 1 month? Can they file it and ask for an expedite processing in case they need their biometrics?

 

Thanks

 

Very unlikely they'd have biometrics in a month. https://egov.uscis.gov/processing-times/

 

Once they do get it though, if they are planning on being out for a while make sure they take steps to maintain their LPR status - keeping their property in the US, filing tax returns, paying bills etc. Basically as much as they can to show they'll be returning and that the US is still their permanent home. 

[Boiler 45,753]

Are they still planning to file a I 130 or have plans changed?

[Deagle 508]

41 minutes ago, Boiler said:

Are they still planning to file a I 130 or have plans changed?

They did file I-130 and it was approved. But now they need to go back for possibly an extended time (over 1 year).

[appleblossom 2,816]

7 minutes ago, Deagle said:

They did file I-130 and it was approved. But now they need to go back for possibly an extended time (over 1 year).

 

But did your father file as well, to try and get your brother in under F2A? Or just the one petition? 

 

What happened for the plan for just one of them to go back? If both are out of the country that takes away a tie that proves they are maintaining their PR status i.e. having a spouse there.