VisaJourney.com > Petitioning mom, need advice

MomGreencardVA

Jun 28 2007, 10:00 AM

I will be getting my citizenship in July 2007 and I'm not sure how to proceed with my mom's petition as I have filed an extension of stay recently. It was really our plan to petition her but my oath taking notice was taking so long so i went ahead with the b1/b2 extension of stay.

To give a better picture,
- Mom arrived in US in March 2007 with a 10 yr multiple entry B1/B2 visa
- June 2007 filed extension of stay. Extension requested was to stay until March 2008.
- July 2007, I will get my citizenship and planning to start her petition immediately.

Now my question is, if I file I130 for her and she gets an immigrant visa before March 2008, what is my next step? Should I then file I485 ? Or, should i file the I485 concurrent with her I130 ?

What if the immigrant visa becomes available after March 2008 ? By then, she will already be in the Philippines ? Does this mean she's abandoning her petition ? What do I need to do so that she can still go home in March 2008 ?

YuAndDan

Jun 28 2007, 10:11 AM

A parent of a US Citizen is considered to be an Unlimited visa class (IR) and as such has a visa number immediately available upon I-130 approval. That is why you can file I-130, and I-485 together and adjust status. No visa interview needed, and no need to return to the home country vor a visa interview.

QUOTE

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

Just follow the Adjustment of status from other visa type instructions, they fairly cover this situation.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

MomGreencardVA

Jun 28 2007, 10:26 AM

Thanks for your reply. Can she still go home in March 2008 ?

YuAndDan

Jun 28 2007, 10:33 AM

QUOTE(MomGreencardVA @ Jun 28 2007, 11:26 AM)

Thanks for your reply. Can she still go home in March 2008 ?

If the I-130/I-485 (AOS) is complete before that date then she would be LPR with green-card in hand. If the AOS is still in process, she may have to return to USA on her multi entry visa on short notice for AOS interview.

Or you could just file I-130 without I-485, and she would just return to home country for normal IR Visa interview, and the IR visa will replace her multi entry B-Visa, and when she returns to USA she will be issued green card.

Boiler

Jun 28 2007, 02:31 PM

QUOTE(YuAndDan @ Jun 28 2007, 09:33 AM)

QUOTE(MomGreencardVA @ Jun 28 2007, 11:26 AM)

Thanks for your reply. Can she still go home in March 2008 ?

If the I-130/I-485 (AOS) is complete before that date then she would be LPR with green-card in hand. If the AOS is still in process, she may have to return to USA on her multi entry visa on short notice for AOS interview.

I doubt it.

simple_male

Jul 3 2007, 04:09 PM

QUOTE(MomGreencardVA @ Jun 28 2007, 11:26 AM)

Thanks for your reply. Can she still go home in March 2008 ?

You are better off filing I-130 for her. That way, she can go through the immigration process while she is not in USA. The whole process should take between 7-12 months.

jula

Jul 4 2007, 01:37 AM

QUOTE(YuAndDan @ Jun 28 2007, 10:33 AM)

If the I-130/I-485 (AOS) is complete before that date then she would be LPR with green-card in hand. If the AOS is still in process, she may have to return to USA on her multi entry visa on short notice for AOS interview.

She will need AP to re-enter.

Boiler

Jul 4 2007, 08:54 AM

QUOTE(jula @ Jul 4 2007, 12:37 AM)

QUOTE(YuAndDan @ Jun 28 2007, 10:33 AM)

If the I-130/I-485 (AOS) is complete before that date then she would be LPR with green-card in hand. If the AOS is still in process, she may have to return to USA on her multi entry visa on short notice for AOS interview.

She will need AP to re-enter.

Congratulations!

lonely_girl

Jul 9 2007, 12:26 PM

hi what forms did you used when you petitioned your mom? can you send me the link? Thanks..