Filing petition for a family member from the US vs abroad

[blackzima 0]

I bring my mother to the US every year on a visa waiver program. It's a great program and gave her a chance to spend ample time here.

Unfortunately, i have unexpected health and family issues, and need her to stay with me, if possible. She's currently visiting. If i were to apply for her here in the US, how different would the process be in terms of timing and application steps if i file i-130 and i-485 at the same time? From my understanding, if we were to apply when she's abroad, she wouldn't be able to re-enter the US until the status was granted, at least a year? Thanks.

Edited April 7, 2015 by blackzima

[Cody and Daisy 373]

I bring my mother to the US every year on a visa waiver program. It's a great program and gave her a chance to spend ample time here.

Unfortunately, i have unexpected health and family issues, and need her to stay with me, if possible. She's currently visiting. If i were to apply for her here in the US, how different would the process be in terms of timing and application steps if i file i-130 and i-485 at the same time? From my understanding, if we were to apply when she's abroad, she wouldn't be able to re-enter the US until the status was granted, at least a year? Thanks.

Are you a naturalised citizen?

If not you cannot petition your mother.

If you are then here are the guidelines.

http://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

[NancyNguyen 1,657]

You are asking for fraud when AOS on tourist status.

[blackzima 0]

Are you a naturalised citizen?

If not you cannot petition your mother.

If you are then here are the guidelines.

http://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

i'm an USC. my question is about filing i-130 and i-485 while a beneficiant is in the us.

[Ryan H 3,790]

Is your mother currently in the US at this point in time? Your initial post indicates yes, please confirm one way or the other.

[blackzima 0]

Is your mother currently in the US at this point in time? Your initial post indicates yes, please confirm one way or the other.

yes, she is visiting me now on visa waiver program.

[Cody and Daisy 373]

i'm an USC. my question is about filing i-130 and i-485 while a beneficiant is in the us.

Yes I know.

Read the link, it states if the beneficiary is currently in the states.

If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130. For additional information on how to file this application, see the How Do I Customer Guides.

Edited April 7, 2015 by Cody and Daisy

[NigeriaorBust 4,087]

Because you have had a turn of health during your mothers visa it is fine to AOS while she is here. If she was still packing her bags to enter on VWP with the true intent of not going home is when fraud comes into play

[blackzima 0]

Yes I know.

Read the link, it states if the beneficiary is currently in the states.

thank you.

[Ryan H 3,790]

***Moved from Bringing Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

Concurrently file the I-130 and I-485 NOW to begin the Adjustment of Status process.

Edited April 7, 2015 by Ryan H