Mother already here in US

[BeverleyFL 0]

I am sorry if this questions has been asked in the past - I have scanned through all relevant topics, but none match exactly my situation.

I will be a US Citizen the end of this month. My mother, a UK citizen, is here in the US with me, on a 6 month (B1/B2 visa?) visa. She arrived here mid May and is due to return end of October ... she entered the US before I started my citizenship journey.

I understand that I file a I-130, but as so many have asked, can I also submit the I-485 - she is here legally, she did not enter under any false intentions - we have now decided that as I have my citizenship, I could sponsor her to live here, with me. So although it has been stated in what I have read in other situations - could I submit both forms under the circumstances.

One further question. She is, as I stated earlier, due to return to the UK at the end of October - if I send the I-130 (and perhaps the I-485) - can she stay - or would she have to return to the UK. She already has plans to return with me from the UK after my 10 days in the UK at Christmas.

Hope all this makes sense! Any advice would be greatly appreciated.

Beverley

[Oksana & Max 94]

I am sorry if this questions has been asked in the past - I have scanned through all relevant topics, but none match exactly my situation.

I will be a US Citizen the end of this month. My mother, a UK citizen, is here in the US with me, on a 6 month (B1/B2 visa?) visa. She arrived here mid May and is due to return end of October ... she entered the US before I started my citizenship journey.

I understand that I file a I-130, but as so many have asked, can I also submit the I-485 - she is here legally, she did not enter under any false intentions - we have now decided that as I have my citizenship, I could sponsor her to live here, with me. So although it has been stated in what I have read in other situations - could I submit both forms under the circumstances.

One further question. She is, as I stated earlier, due to return to the UK at the end of October - if I send the I-130 (and perhaps the I-485) - can she stay - or would she have to return to the UK. She already has plans to return with me from the UK after my 10 days in the UK at Christmas.

Hope all this makes sense! Any advice would be greatly appreciated.

Beverley

You would need to file I-130. I-485 doesn't apply here as she is your mom and not your wife. She would need to go back to UK to wait for her interview and visa. It might take for a while before you will be able to get her here under immigration proceedings.

[BeverleyFL 0]

Hmmm .... I think the I485 "Application to Register Permanent Residence or Adjust Status" has to be filed? In my mom's situation, it was just "when".

[Harpa Timsah 13,258]

The above is incorrect. You can file I-485 as well. A parent is considered an immediate relative of a USC, and a visa number is available immediately for them. In many ways, it is just like a spousal AOS case.

If you file the I-130 and I-485 concurrently though, then she cannot go home for Christmas, because she will have to stay here until she gets temporary travel permission.

If that doesn't work for you, you can file I-130 now and start the consular visa process. She can continue to visit and then eventually she will have an interview abroad and would become a Legal Permanent Resident once she enters the US. She would be able to work and travel immediately. The I-485 would not come into play this way.

Good luck.

[BeverleyFL 0]

The above is incorrect. You can file I-485 as well. A parent is considered an immediate relative of a USC, and a visa number is available immediately for them. In many ways, it is just like a spousal AOS case.

If you file the I-130 and I-485 concurrently though, then she cannot go home for Christmas, because she will have to stay here until she gets temporary travel permission.

If that doesn't work for you, you can file I-130 now and start the consular visa process. She can continue to visit and then eventually she will have an interview abroad and would become a Legal Permanent Resident once she enters the US. She would be able to work and travel immediately. The I-485 would not come into play this way.

Good luck.

Thanks for that information! I'll speak to my mom tonight and we'll go from there. It wasn't imperative to send the I-485 at the same time, just wasn't sure which was the best route. Thanks again for your help.

[Harpa Timsah 13,258]

Well, you decide between two paths. She cannot enter with the intent to immigrate, so if your plan is now to send in the I-130 and then file I-485 when she comes back from xmas that would be illegal. Since she didn't have intent to immigrate on this trip, she can file I-130/I-485 concurrently now, but this will be her only chance to do that legally. Otherwise you can file I-130 alone and follow that separate process which results in an embassy interview and triggering her permanent residence when she enters the US after visa approval.

[Jojo92122 1,924]

You would need to file I-130. I-485 doesn't apply here as she is your mom and not your wife. She would need to go back to UK to wait for her interview and visa. It might take for a while before you will be able to get her here under immigration proceedings.

This is incorrect. An I-485 does apply here. Mom does not need to go back to the UK.

[benuk 18]

This is incorrect. An I-485 does apply here. Mom does not need to go back to the UK.

j

Hi jojo,in this case he can either file I-130 + I-485 and stay in the US even if her I-94 date expire rigth but he need to file before the I-94 expire and go with the process without a problem or file I-130 come here for Xmas and wait for her visa here maybe for 6 to 8 months and still travel to the US just for short visits rigth? I mean his mother still will be able to vist her son!

[BeverleyFL 0]

Well, you decide between two paths. She cannot enter with the intent to immigrate, so if your plan is now to send in the I-130 and then file I-485 when she comes back from xmas that would be illegal. Since she didn't have intent to immigrate on this trip, she can file I-130/I-485 concurrently now, but this will be her only chance to do that legally. Otherwise you can file I-130 alone and follow that separate process which results in an embassy interview and triggering her permanent residence when she enters the US after visa approval.

Reading further on this last night, is there any reason that we cannot file the I-130 and I485, along with a I-131? It states the following on USCIS website (only the travel bit applies to my mom).

If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status.

[JimVaPhuong 4,863]

Reading further on this last night, is there any reason that we cannot file the I-130 and I485, along with a I-131? It states the following on USCIS website (only the travel bit applies to my mom).

If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status.

Yes, she can apply for advance parole. There's no guarantee she'll get it before her planned trip. Make sure she returns in time for the AOS interview. If she misses the interview then the AOS will be denied and the AP will be cancelled.

[BeverleyFL 0]

Yes, she can apply for advance parole. There's no guarantee she'll get it before her planned trip. Make sure she returns in time for the AOS interview. If she misses the interview then the AOS will be denied and the AP will be cancelled.

Thank you for your reply!