Filing for Adjustment of Status for Parents on a Visitors Visa

[sam808 0]

Hi,

My parents are now in the US on a visitors visa and I would like to petition them for a green card. I know I can file I-130 and I-465 at the same time. My question is, for their medical check up, do they have to do that prior to submitting the I-465 or go ahead and submit I-465 and receive an instruction from the USCIS?

Thank you so much.

[EM_Vandaveer 2,438]

~ Moved from "AOS from Family-based Visas" to "AOS from Work, Student and Tourist Visas" as OP's question pertains to AOS from Tourist Visa ~

Organizer hat off:

OP, are you a USC?

Edited July 31, 2016 by EM_Vandaveer

[sam808 0]

Yes, just recently. I have yet to update my timeline. July 18 USC.

[EM_Vandaveer 2,438]

They have the option of sending their I-693s with their AOS packets or bringing their I-693s to their AOS interview.

[sam808 0]

They have the option of sending their I-693s with their AOS packets or bringing their I-693s to their AOS interview.

Thank you for your responses. If you don't mind me asking a few more questions :-) Now, they have to fill up the form I-485? In Part 2 "Application Type" there's nowhere there that says "I am a parent of a US Citizen" to check, so that means they'll just have to write it down on "h - other basis of eligibility"? And for their address, will they be using their address in the Philippines or here in the US?

[EM_Vandaveer 2,438]

Thank you for your responses. If you don't mind me asking a few more questions :-) Now, they have to fill up the form I-485? In Part 2 "Application Type" there's nowhere there that says "I am a parent of a US Citizen" to check, so that means they'll just have to write it down on "h - other basis of eligibility"? And for their address, will they be using their address in the Philippines or here in the US?

No. Application type is A. "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)"

The relative visa petition filed with the application that will give you an immediately available visa number, if approved is the concurrently filed I-130.

Use their address in the US.

[sam808 0]

No. Application type is A. "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)"

The relative visa petition filed with the application that will give you an immediately available visa number, if approved is the concurrently filed I-130.

Use their address in the US.

I plan to submit I 130 together with I-485. Should I just leave NA on those sections on I-485?

[EM_Vandaveer 2,438]

I plan to submit I 130 together with I-485. Should I just leave NA on those sections on I-485?

What sections?

Like I said part 2 application type, you should mark "A". That is what has to be marked.

Edited July 31, 2016 by EM_Vandaveer

[sam808 0]

What sections?

Like I said part 2 application type, you should mark "A". That is what has to be marked.

Even though I-130 has not been approved yet?

[EM_Vandaveer 2,438]

Even though I-130 has not been approved yet?

YES. It says to attach a relative petition that will give an immediately available visa number IF approved.

That's exactly what you are doing. Attaching an I-130. Believe me, I know what I am talking about, I adjusted from VWP as a spouse of a USC. Very similar process. Same checkbox in Part 2 "Application type".

Edited August 1, 2016 by EM_Vandaveer

[sam808 0]

YES. It says to attach a relative petition that will give an immediately available visa number IF approved.

That's exactly what you are doing. Attaching an I-130. Believe me, I know what I am talking about, I adjusted from VWP as a spouse of a USC. Very similar process. Same checkbox in Part 2 "Application type".

That's awesome! Thanks :-) I hope you don't mind if I will ask your help as I go through in filling up this forms :-)

[sam808 0]

That's awesome! Thanks :-) I hope you don't mind if I will ask your help as I go through in filling up this forms :-)

*Dumb question*.... Do I fill up the I-485 or parents do?

[EM_Vandaveer 2,438]

Either of you can do it. They need separate packages.

[sam808 0]

Either of you can do it. They need separate packages.

Ok thanks. It looks like they can't locate their I-94 ?.... I see that there are information we need from the I-94 form. Their visa will expire on December. If we extend their stay (if possible) how long will the extension be?

Thanks again.

[newacct 688]

Ok thanks. It looks like they can't locate their I-94 ?.... I see that there are information we need from the I-94 form.

What do you mean cannot locate it? They typed their information into the website and it doesn't find anything? In that case, maybe the officer misspelled their name or passport number or something. You can contact CBP to fix it.

Their visa will expire on December. If we extend their stay (if possible) how long will the extension be?

Do not apply for extension of status. They can only apply for extension of status if they are planning to leave, which they are not. They will be required to attach a statement about the plans they have made to leave, which would be a lie.

Just file whenever they have all the materials ready, whether that be before or after their status expires. After they file, they are authorized to stay in the US.