Adjustment of Status, Processing DS-260 while in USA or abroad when I-130 is approved

[axay86 0]

My parents I-130 was approved in Dec 2023. I was in the process of filing DS-260 for them, but my dad passed away in Feb 2024. I'll have all the paperwork submitted for DS-260 (including Affidavit of Support) shortly. But, I have a few questions for which I am unable to get clarity on. Hoping this community can help provide some guidance on them.
1. My mom has a B1/B2 Visa. Can she come with me to USA on B1/B2 and file for Adjustment of Status in USA eventhough her DS-260 is filed here? If Adjustment of Status can be filed in USA, how long does it take to get approval for the GC? Will doing so jeopardize her DS-260/Green Card application process in any way?
2. Or is it better to wait till she gets her DS260 approved, finish the medical checks, biometrics, Visa interview (location: Mumbai, India) and then come to USA?
3. Do I need to notify NVC/USCIS to stop further processing of my dad's DS-260? If so, how can it be done? One option is I simply don't submit the supporting docs for his DS-260, so the process will not continue on USCIS side. Would that work?
4. Do I need to notify NVC in any way that my dad has passed away for my mom's DS-260, since the DS-260 has this question: "Is your spouse immigrating to the U.S.with you?" and my mom's DS-260 was submitted with a response of "Yes" before my dad passed away? I'm assuming that my mom can simply take the death certificate to the visa interview and update them at that time about my dad's situation. Would that work?
5. For Mumbai, India location, any estimates on how long does the approval take after DS-260, Affidavit of Support and other supporting documents are submitted to NVC? How long does it take to get the biometrics, Via interview appointment and the eventual visa to travel to USA?

Thanks for all your help!

[SalishSea 17,827]

4 minutes ago, axay86 said:

My parents I-130 was approved in Dec 2023. I was in the process of filing DS-260 for them, but my dad passed away in Feb 2024. I'll have all the paperwork submitted for DS-260 (including Affidavit of Support) shortly. But, I have a few questions for which I am unable to get clarity on. Hoping this community can help provide some guidance on them.
1. My mom has a B1/B2 Visa. Can she come with me to USA on B1/B2 and file for Adjustment of Status in USA eventhough her DS-260 is filed here? If Adjustment of Status can be filed in USA, how long does it take to get approval for the GC? Will doing so jeopardize her DS-260/Green Card application process in any way?
2. Or is it better to wait till she gets her DS260 approved, finish the medical checks, biometrics, Visa interview (location: Mumbai, India) and then come to USA?
3. Do I need to notify NVC/USCIS to stop further processing of my dad's DS-260? If so, how can it be done? One option is I simply don't submit the supporting docs for his DS-260, so the process will not continue on USCIS side. Would that work?
4. Do I need to notify NVC in any way that my dad has passed away for my mom's DS-260, since the DS-260 has this question: "Is your spouse immigrating to the U.S.with you?" and my mom's DS-260 was submitted with a response of "Yes" before my dad passed away? I'm assuming that my mom can simply take the death certificate to the visa interview and update them at that time about my dad's situation. Would that work?
5. For Mumbai, India location, any estimates on how long does the approval take after DS-260, Affidavit of Support and other supporting documents are submitted to NVC? How long does it take to get the biometrics, Via interview appointment and the eventual visa to travel to USA?

Thanks for all your help!

Sorry to hear about your father.  

 

It is immigration fraud to enter the US with the intent to adjust status.  You can update your mother's DS-260, and withdraw the one for your dad.

[axay86 0]

SalishSea: Thank you!

Would anyone have guidance on this please:
"For Mumbai, India location, any estimates on how long does the approval take after DS-260, Affidavit of Support and other supporting documents are submitted to NVC? How long does it take to get the biometrics, Via interview appointment and the eventual visa to travel to USA?"
Thanks!