Filing I-130 and I-485 for Parents to Come Over

[Lord_Tasho 0]

Hello,

 

My wife wants to bring her mother over from China so she can watch over our kids.  In addition, possibility of working here. 

 

 

Does she apply for both the I-130 and I-485 with Work Authorization at the same time?

 

How long does it take to approve for the I-130?  I-485?

 

Once they approve her green card, how long can she stay?

 

If any additional info, you can elaborate.  Thanks

 

[Transborderwife 4,666]

Is she already here?

[Lord_Tasho 0]

No she is still in China.  <- The mother.

 

 

If you are referring to my wife, she is US citizen already.

Edited March 29, 2017 by Lord_Tasho

[Transborderwife 4,666]

3 minutes ago, Lord_Tasho said:

No she is still in China.  <- The mother.

 

 

If you are referring to my wife, she is US citizen already.

She may not enter with intent to adjust, that's immigration fraud.  You'd file an immediate relative petition to take about a year 

[Lord_Tasho 0]

So after she comes here on the I-130.  Then can she apply for the I-485 so she can work?  How long must her mother wait before applying for the I-485?

[Transborderwife 4,666]

2 minutes ago, Lord_Tasho said:

So after she comes here on the I-130.  Then can she apply for the I-485 so she can work?  How long must her mother wait before applying for the I-485?

http://www.visajourney.com/content/immigration-parents

[Lord_Tasho 0]

So, I read near the bottom once in the US she can file for the I-485.

 

Now my other question, who can apply for I-130 and I-485 at the same time?  Would that be someone who applied as a tourist visa?

[geowrian 22,337]

12 minutes ago, Lord_Tasho said:

So after she comes here on the I-130.  Then can she apply for the I-485 so she can work?  How long must her mother wait before applying for the I-485?

The USC will file the I-130 for her mother. Once approved, it is sent to the embassy and her mother can apply for the visa. Upon entry into the US using that visa, she will have LPR status (and can work, travel, etc.). The physical green card will arrive later. Follow the guide linked above. I-485 is for AOS, which isn't needed when obtaining an immigrant visa.

 

2 minutes ago, Lord_Tasho said:

So, I read near the bottom once in the US she can file for the I-485.

 

Now my other question, who can apply for I-130 and I-485 at the same time?  Would that be someone who applied as a tourist visa?

That's for somebody already in the US. Entering the US on a non-immigrant visa (i.e. a tourist visa) with the intent to stay is visa fraud, so it's not relevant here.

Edited March 29, 2017 by geowrian

[Lord_Tasho 0]

So let me get this straight, once she comes here on I-130 visa, she can work? 

 

I've read else where that I-130 could not work and had to apply for I-485 with work authorization.

[Transborderwife 4,666]

1 minute ago, Lord_Tasho said:

So let me get this straight, once she comes here on I-130 visa, she can work? 

 

I've read else where that I-130 could not work and had to apply for I-485 with work authorization.

That's an adjustment of status, not what you're doing and you're correct.  Read the  guide I linked.

[geowrian 22,337]

3 minutes ago, Lord_Tasho said:

So let me get this straight, once she comes here on I-130 visa, she can work? 

 

I've read else where that I-130 could not work and had to apply for I-485 with work authorization.

It would be an IR-5 visa technically. The I-130 is just the petition allowing her to apply for the IR-5 visa. But yes, she can work immediately...albeit she will likely need an SSN for the employer, but that's a matter of days.

Edited March 29, 2017 by geowrian