Questions

[appleblossom 2,484]

7 minutes ago, Traveller_123 said:

If she’s in the USA on a visitor’s visa, can it be done?

No. See the second post in this thread from @Dashinka

 

 

[Family 3,988]

13 minutes ago, Traveller_123 said:

If she’s in the USA on a visitor’s visa, can it be done?

I realize , it’s not the answer you were hoping for…you can always ask questions directly to the source

 

https://help.cbp.gov/s/?language=en_US

[Traveller_123 2]

Ok thanks all, so I guess it’s all just I130 and Affidavit of Support when the time arises. 

[SalishSea 17,827]

6 hours ago, Traveller_123 said:

The parent already has a visitor visa and is planning to visit in a few months, so can the I130 be filed alongside the other form , I think it’s I485?

 

The parent got a green card through one of her parents, but never lived in the US, it was turned in. The green card and the turning in of the card was done before the child (the US citizen) was born in their home country. 

NO.   It will be fraudulent for the rent to enter with the intent to adjust status.   That is NOT allowed per the terms of the B visa.

[SalishSea 17,827]

5 hours ago, Traveller_123 said:

Ok thanks all, so I guess it’s all just I130 and Affidavit of Support when the time arises. 

I think you still do not understand.   
 

Your parent is NOT eligible to adjust status when they get here on the B visa.   The ONLY legal option you have is to submit an I-130 petition for consular processing in their home country.   You can submit this any time.

 

They can continue to visit on the B visa, at the discretion of CBP.

[Dashinka 24,493]

9 hours ago, Traveller_123 said:

Ok, so let me see I understand. 
 

1. If the parent is in the US on a visitor visa, the US citizen child can file both I130 and I485 at the same time without any problems or issues?

Not relevant since your parent is not currently in the US.  Your only option is to file the I130 for regular consular processing that takes around 12-24 months.  Your parents previous GC should show up in the history for USCIS, so that should not be an issue and I assume they filed an I407 when they decided to give up the GC.  Your parent can use their valid visitor visa to visit (short visits are recommended) during the process at the discretion of CBP (i.e. they should not show up with all their worldly possession and important documents giving CBP reason to believe they plan on staying).

9 hours ago, Traveller_123 said:

 

2. Well since the primary sponsor (the US citizen) doesn’t have any income from being self employed at the moment, then there will need to be a co sponsor on the application and that would need the I864A filled out by and primary sponsor to fill out the I864?

You need to get familiar with the terminology.  "Sponsor" is the primary sponsor (fills out an I864), "Co-sponsor" is the secondary sponsor when the Sponsor does not meet the financial requirements (they also fill out an I864 separate from the Sponsor's), and "Household Member" which is an adult person living at the same residence as the Sponsor that is willing to add their income to the Sponsor (they fill out an I864A).

 

In your case since you are married, you can use the I864 that you will fill out and your spouse can fill out the I864A to show they are including their income to show sponsorship of an intending alien.  Now the I864(s) are not needed until the NVC stage which will be in a year or so.

9 hours ago, Traveller_123 said:

 

if there are 3 or 4 people living in the household, will the primary sponsor (US citizen) and co-sponsor need to use the above poverty guidelines to see what it should be?

Yes.

 

Good Luck!

[Cathi 5,748]

13 hours ago, Traveller_123 said:

Ok thanks all, so I guess it’s all just I130 and Affidavit of Support when the time arises. 

What are you not understanding?

Your parent CANNOT enter the U.S using a visitor visa with the INTENT to STAY and adjust status!!! It is visa FRAUD and will result in a lifetime ban for your parent. 

It's a big fat no. Your ONLY option is consular processing. Period. End of story.

[Noname93 200]

3 hours ago, Cathi said:

What are you not understanding?

Your parent CANNOT enter the U.S using a visitor visa with the INTENT to STAY and adjust status!!! It is visa FRAUD and will result in a lifetime ban for your parent. 

It's a big fat no. Your ONLY option is consular processing. Period. End of story.

I think consular processing is what OP meant with filing I-130 and then affidavit of support when the time comes.

[Traveller_123 2]

Thank you everyone for the clarification. 
 

I understood everything from, I just didn’t actually add into my comments.

 

When I said, I guess it’s just I130 filing and affidavit of support, when that time arises, I meant that is what needs to be done. The adjustment of status or anything along those lines won’t be happening. 
 

Thanks