Jump to content
Sign in to follow this  
kamitoz

Mother in Law in the USA, wife submitted I130

13 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Colombia
Timeline

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.


MIL's I-130 Timeline

03.10.2010: NOA-1 Notice Date

03.17.2010: $355.00 check for I-130 cashed

05.21.2010: $1,010.00 check for I-485 cashed

05.26.2010: I-797 Notice for Biometrics rcvd

06.17.2010: Biometrics taken

08.03.2010: Interview at USCIS San Francisco office

Share this post


Link to post
Share on other sites

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.

Have MIL go back as scheduled and within time frame that was given at her I-94. You don't want overstays when dealing with immigrant visas.

She'll probably have things to wrap up before visa interview and moving to the States.


ROC 2009
Naturalization 2010

Share this post


Link to post
Share on other sites
Filed: Other Country: India
Timeline

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

Hi, I've red a whole lot of topics on this forum but have not been able to find one that provides the information I'm looking for. Facts: M.I.L. came into the USA for the 3rd time last December/09, she was granted a 6 months visa, my wife (USC) wants to apply for her and submitted an I130 back on March 10th - we received the NOA receipt confirmation on the 17th -, looking at the status of other members going thru the process it looks like it will take at least 3 months to get an answer, her visa expires on 5/30/2010 and don't know if she should leave by then (she has the return ticket) or have stay until the I130 is approved.

Has anyone gone thru this exercise? any ideas, suggestions are welcome.

Thanks.


Thanks,

Raj

Consulate: Chennai, INDIA

08/26/09: I-130 Mailed(Fedex) to Chicago Lockbox for Parents

08/27/09: Received by USCIS

09/01/09: ND for both parents

09/02/09: Both Checks Cashed ($355 each)

09/21/09: I-130 approved ( LUD on USCIS online )

09/29/09: Received I-130 approved notices (NOA2)

NVC:

10/02/09: NVC Case #s assigned to both parents and emails regd.

10/06/09: Rcvd. emails for DS-3032 and AOS Fee ( Paid AOS Fee same night)

10/07/09: Emailed DS-3032 ( Did mail too via Fedex )

10/08/09: DS-3032 received by NVC

10/08/09: AOS Fee Status "PAID"

10/09/09: I-864 Affidavit of Support mailed via FEDEX

10/16/09: DS-3032 Entered in NVC System

10/19/09: IV Fee Bill Generated

10/20/09: Rcvd IV Fee Bill Email and Paid $400 for each parent

10/22/09: I -864 Entered into NVC System as per NVC Operator

10/22/09: IV Fee BILL Status Changed to PAID

10/23/09: Mailed DS-230 Documents Set to NVC

10/26/09: DS-230 Received by NVC signed by J.DESMOND

10/28/09: I -864 Accepted

10/29/09: Rcvd Checklist Email

10/30/09: AVR changed to " We received checklist response on 10/29/09"

11/18/09: LOGIN Failed in the morning...AVR message not changed yet...

11/18/09: Talked to Operator and it is under "FINAL REVIEW"

11/20/09: CASE COMPLETED on 11/19/09

12/02/09: Rcvd Emails for Interview on 01/08/2010

12/04/09: Medical Appt on 12/08/09 at Hyderabad

12/09/09: Medical Completed

01/08/10: INTERVIEW COMPLETED

01/12/2010: Rcvd Passports and sealed envelope.

05/20/2010: POE at DFW

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

The I-130 alone does nothing for your MIL's immigration status if your desire was for her to remain without a trip back home... as stated before the I-485 needed to be submitted as well...

You can still now submit the I-485... the process becomes a little more complicated tha if they had been filed all together but it can be done...


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

The I-130 alone does nothing for your MIL's immigration status if your desire was for her to remain without a trip back home... as stated before the I-485 needed to be submitted as well...

You can still now submit the I-485... the process becomes a little more complicated tha if they had been filed all together but it can be done...

According to USCIS webpage, you need to submit a copy of the approved I130 with the I-485, she had everything ready but followed the instructions provided by the Immigration Dept. I'll ask her to contact them.

Thanks for replying.


MIL's I-130 Timeline

03.10.2010: NOA-1 Notice Date

03.17.2010: $355.00 check for I-130 cashed

05.21.2010: $1,010.00 check for I-485 cashed

05.26.2010: I-797 Notice for Biometrics rcvd

06.17.2010: Biometrics taken

08.03.2010: Interview at USCIS San Francisco office

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

The application process depends on whether the alien parent is inside or outside of the United States. If the alien parent is already within the United States in a nonimmigrant status, the U.S. citizen can file an immigration petition (I-130) and the parent can file an application to adjust status to permanent resident (I-485) at the same time.

I do not know why your wife did not submit both I-130 and I-485 together for her mother, by doing this she can stay here until she gets her GC.

My wife filed for her Mom last November and she has finished her interveiw and waiting for the GC in mail.

Your wife should have mailed the following for her mother: I-130, I-485, I-864, G325A, I-693 all together in one packet.

I am not sure if you can file I-485 now but you can call USCIS and check with them. When your filed I-130 what information did you put on Q.22.

Hope this helps...Good Luck! Thanks, Raj

Thanks Raj, the answer to Q-22 was: San Francisco, CA.


MIL's I-130 Timeline

03.10.2010: NOA-1 Notice Date

03.17.2010: $355.00 check for I-130 cashed

05.21.2010: $1,010.00 check for I-485 cashed

05.26.2010: I-797 Notice for Biometrics rcvd

06.17.2010: Biometrics taken

08.03.2010: Interview at USCIS San Francisco office

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

According to USCIS webpage, you need to submit a copy of the approved I130 with the I-485, she had everything ready but followed the instructions provided by the Immigration Dept. I'll ask her to contact them.

Thanks for replying.

No you do NOT have to submit a copy of the approved I-130, just proof that one was filed which can be done concurrently or via the NOA1


YMMV

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

My parents are coming for a visit. If I were to apply for I-130 once they are here, would that jeopardize the application?

Would they have to go the I-485 route or can they do it Consular processing?

Mahesh

I-130 alone indicates consular processing. I-130/I-485 together indicates stateside processing


YMMV

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

I-130 alone indicates consular processing. I-130/I-485 together indicates stateside processing

That statement is not entirely correct...

Raj is correct that Q.22 defines stateside or consular processing. OP should also make sure that MIL's I-94 does not say "No AOS,EOS,COS". OP said she entered SFO on Q.22 which would indicate to USCIS that she intend to file I-485 at a later date since it was not included with I-130 packet. I not sure the exact process, but I believe she need to file I-485 when she receives I-130 approval. Once I-485 is filed, unlawful presence does not apply even when I-94 expires. So, MIL can stay until decision on I-485.

The question here is when I-94 expires prior to I-130 approval hence prior to filing I-485. This gap period would constitute unlawful presence since I-94 expires and application for AOS/I-485 hasn't been started. I suggest OP to contact USCIS or a lawyer for clarification of if I-485 can be filed prior to I-130 approval (if they weren't submitted together). OP's MIL should avoid overstay/unlawful presence to avoid 3/10 year bar from re-entering US.

If I-485 can't be filed prior to I-130 approval, OP should consider contacting USCIS of the change to consular processing on the I-130 application.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

EDIT: My bad.. this was an old thread that was jacked :). The same concept of choosing stateside/consular processing applies.

mahesh: As long as there is no "NO AOS,EOS,COS" on their I-94, you have a choice of stateside or consular processing. Whether your parents are here at the time of filing is irrelevant. But remember, your answer to Q.22 on I-130 will determine the processing path.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

Why not just keep the I-130 and have her mother return to Colombia so she can interview there? It's simpler anyway.

If you decide to file the I-485 so she can adjust status to permanent residency, remember that she will need to get a medical exam from an approved civil surgeon and any vaccines she may need. On top of that, the cost would be $1,010 for the I-485.

Diana


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...