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swapdude

I-130 for my dad living aboard

By swapdude in Bringing Family Members of US Citizens to America

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swapdude Contributor

swapdude   3

Posted
Filed: Country: India
 Timeline
Posted

Hi,

My father currently holds a US Visa for ten years and is in India. I am currently a US Citizen and want to file I-130 for my dad.

Can I file for his Greencard while he is in India and can he travel to the US on his tourist visa while the GC application is processing?

If he can, can I file for Adjustment of Status when he is in the US?

Regards,

Neel

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Penguin_ie Grand Master

Penguin_ie   5,985

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

No, you cannot file AOS while he is here- using his tourist visa to come to the USA with the intention of staying/ immigration is visa fraud.

Yes, he can visit during the process for as long as his tourist visa allows, but he CANNOT work or live here.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted (edited)

Hi,

My father currently holds a US Visa for ten years and is in India. I am currently a US Citizen and want to file I-130 for my dad.

Can I file for his Greencard while he is in India and can he travel to the US on his tourist visa while the GC application is processing? You can file while dad's overseas. He is allowed to visit, provided he intends to exit the US after his visit.

If he can, can I file for Adjustment of Status when he is in the US? No; as noted above, B2 entry with intent to AOS is immigration fraud.

Regards,

Neel

Edit: take a moment to update your Timeline to reflect since 2011 :time:

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Thanks for the update, totally makes sense. AOS is very confusing. Will he have any trouble getting in as a visitor though?

Maybe. Maybe not. No visa is guarantee of admission into the country. Each admission is at the discretion of the CBP officer on duty at the time of arrival at the border. Having immediate family members in the USA and a path to immigration does not help matters. That said, I visited my husband during my visa process without any problems. Does he have a good history of visiting and leaving on time? He needs to bring strong ties to India (proof of property ownership, job, financial commitments, etc) to convince the officer he will return to India at the end of his stay.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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swapdude Contributor

swapdude   3

Posted
Filed: Country: India
 Timeline
  • Author
Posted

He has an excellent travel history of visiting and back over 20 times over the years. In fact, he also had surrendered his GC once, since he wanted to focus on his business in India at that time. Hopefully, this builds a strong enough case for the CBP officer.

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