Filing I-131 while I-485 is pending

[EMBELL_17 103]

I filed the I-130 and I-485 for my mom while she was here on ESTA in September. I would like to plan a family trip for us in August 2025 but doubt her application will be processed by then. I did not file a I-131 with her I-485. Can I still do that now? What is the timeline? Is there a fee?

[OldUser 7,015]

Yes, you can.

I believe the fee is $630 (see https://www.uscis.gov/g-1055?form=i-131).

 

Hopefully if you file now it'll get processed by August. No guarantees though. Some receive it in few months, for others it takes longer.

 

[SalishSea 17,981]

1 hour ago, EMBELL_17 said:

I filed the I-130 and I-485 for my mom while she was here on ESTA in September. I would like to plan a family trip for us in August 2025 but doubt her application will be processed by then. I did not file a I-131 with her I-485. Can I still do that now? What is the timeline? Is there a fee?

Being unable to travel is a drawback to adjusting from ESTA instead of going through the proper immigrant visa process.

[EMBELL_17 103]

1 minute ago, SalishSea said:

Being unable to travel is a drawback to adjusting from ESTA instead of going through the proper immigrant visa process.

What do you mean proper immigrant visa process? That wasn’t proper of me?

40 minutes ago, OldUser said:

Yes, you can.

I believe the fee is $630 (see https://www.uscis.gov/g-1055?form=i-131).

 

Hopefully if you file now it'll get processed by August. No guarantees though. Some receive it in few months, for others it takes longer.

 

The additional $630 isn’t worth it to me. That’s a shame. Thank you. 

[SalishSea 17,981]

Just now, EMBELL_17 said:

What do you mean proper immigrant visa process? That wasn’t proper of me?

I mean if you had petitioned her for an immigrant visa, where she would have interviewed in London and arrived to the US with a green card, enabling her to work and travel.

 

Adjusting on ESTA is a way to circumvent the queue.  Honestly, I’m not sure why it’s even allowed.   Most people on ‘vacation’ don’t have the ability to just abruptly leave their lives back home like that.

[EMBELL_17 103]

Just now, SalishSea said:

I mean if you had petitioned her for an immigrant visa, where she would have interviewed in London and arrived to the US with a green card, enabling her to work and travel.

 

Adjusting on ESTA is a way to circumvent the queue.  Honestly, I’m not sure why it’s even allowed.   Most people on ‘vacation’ don’t have the ability to just abruptly leave their lives back home like that.

Oh that wasn’t an option for me. She was going back and forth helping me care for son so ended up being here with me more than she was back in London. She is retired so it was possible for her and made more sense for our family. 

[appleblossom 2,816]

1 hour ago, EMBELL_17 said:

Oh that wasn’t an option for me. She was going back and forth helping me care for son so ended up being here with me more than she was back in London. She is retired so it was possible for her and made more sense for our family. 

I really hope you didn’t put any of that in your application! 😂

[EMBELL_17 103]

14 minutes ago, appleblossom said:

I really hope you didn’t put any of that in your application! 😂

I don’t believe the application asked for a reason. But why the laughing emoji? I thought this forum was to help people. 

[appleblossom 2,816]

4 minutes ago, EMBELL_17 said:

I don’t believe the application asked for a reason. But why the laughing emoji? I thought this forum was to help people. 

Because it was a tongue in cheek comment in response to what you wrote. 

[EMBELL_17 103]

6 minutes ago, appleblossom said:

Because it was a tongue in cheek comment in response to what you wrote. 

I’m very confused as to why though? Is that not a good reason? When she last came, the officer at the airport said she was going back and forth a lot and suggested she file for AOS. So we did. She never planned on retiring here but we spoke about it and decided it was the best way forward. Did we do something wrong?

[Daphne . 1,912]

10 hours ago, EMBELL_17 said:

I’m very confused as to why though? Is that not a good reason? When she last came, the officer at the airport said she was going back and forth a lot and suggested she file for AOS. So we did. She never planned on retiring here but we spoke about it and decided it was the best way forward. Did we do something wrong?

If CBP told your mother that she should do AOS, then I can understand that you didn’t think anything of it. But that was kind of a strange action by the CBP officer, because they pretty much advised you something that is exactly the reason why people usually get denied entry for. Maybe they meant petitioning for an immigrant visa for your mother and not AOS, or maybe they actually let her enter enter knowing that she would file for an adjustment of status, I don’t know. 
 

 

 

[EmilyW 1,476]

OP, you're discovering that the immigration path is never easy.  What may have seemed like an easy and quick decision to adjust does have its consequences (she now has to stay in the country and can't leave for a while). 

 

Think about it this way: you've been able to keep your mum with you and she's been able to get time with her grandbaby.  That's a win in my book.  The trade off for that win is an extended wait time to travel.  I'm sure you and here were aware of the tradeoff and figured it would be ok.

 

Good luck - she'll be able to travel eventually AND you have her in the US. 🙂

[EMBELL_17 103]

6 hours ago, Daphne . said:

If CBP told your mother that she should do AOS, then I can understand that you didn’t think anything of it. But that was kind of a strange action by the CBP officer, because they pretty much advised you something that is exactly the reason why people usually get denied entry for. Maybe they meant petitioning for an immigrant visa for your mother and not AOS, or maybe they actually let her enter enter knowing that she would file for an adjustment of status, I don’t know. 
 

 

 

Yeah I have no idea. My mom is retired so she was just here a lot spending time with us but it helped me out a lot because I’m a single mom. The officer said she was going back and forth too much and she should consider filing for stay. So after I picked my mom up from the airport, we talked about it, worried that she might be denied entry again, and we decided she should live here full time. At the time he stamped, that wasn’t our intention. But she would rather stay here with than stay away from us pending the green card. Otherwise id be screwed looking for full time care. She needs to be here with us. But now im worried she will get denied since so many of you view it as suspicious. 

[EMBELL_17 103]

2 hours ago, EmilyW said:

OP, you're discovering that the immigration path is never easy.  What may have seemed like an easy and quick decision to adjust does have its consequences (she now has to stay in the country and can't leave for a while). 

 

Think about it this way: you've been able to keep your mum with you and she's been able to get time with her grandbaby.  That's a win in my book.  The trade off for that win is an extended wait time to travel.  I'm sure you and here were aware of the tradeoff and figured it would be ok.

 

Good luck - she'll be able to travel eventually AND you have her in the US. 🙂

Thank you for being kind in your response. 

[EmilyW 1,476]

Intent was decided at the border, so that's no longer an issue unless your mum lied at the border.

 

Having said that, her taking care of your child is a problem.  While we all get that family pitch in to help, from an immigration perspective, she has been working illegally, technically taking a job away from an American.  My understanding is that this illegal work would be forgiven because you are a citizen, but she needs to know that she has been breaking the terms of her ESTA.