Concurrent Filing

[fanned 0]

Good evening guys.

I'm quite happy to have found this forum

 

I will be filing for my mother in 2 weeks when she arrives here. I'm trying to do the concurrent filing.

I have a lot of questions many of which may seem redundant but I really need to get this right the first time

 

I'll start with the I-485 ( i know she'll have to fill it herself)

 

* List any names previously used: she'll have to write her maiden name right"

 

 

* A question about current immigration status: what is the correct term to use: Non-immigrant or Visitor Visa?

 

*Address history: does she list my address as her most current history (I plan to file the very week of her arrival so technically she hasn't lived there yet but will be living with me as she waits for her status to change)

 

* Part 6 number 2a Where she list her children, I'm the petitioner and I used to have an A number myself when I applied for naturalization, I've since become a USC. Does that number need to be included in that question?

 

* Did/do you guys leave those non applicable places blank example A- number or did you type N/A

 

Thank you so much. I apologize if these question seem juvenile.

 

I will be updating this thread with questions regarding I-130 once I've digested it.

I'm really praying the las concerning chain immigration doesn't change anytime soon. I have to get those papers in once she arrives

 

 

[dentsflogged 352]

9 minutes ago, fanned said:

I will be filing for my mother in 2 weeks when she arrives here.

How is she arriving in the US?

 

I think you'll find that the phrasing you've used there is suggesting that you are planning on commiting what is essentially immigration fraud,  no one on this forum (it's against VJ's ToS) will answer your questions if they think that's the case.  

I'd suggest updating your post with more information if you don't want this to turn into a thread of people telling you off and arguing amongst themselves about what counts as IF and what doesn't

[fanned 0]

3 minutes ago, dentsflogged said:

How is she arriving in the US?

 

I think you'll find that the phrasing you've used there is suggesting that you are planning on commiting what is essentially immigration fraud,  no one on this forum (it's against VJ's ToS) will answer your questions if they think that's the case.  

I'd suggest updating your post with more information if you don't want this to turn into a thread of people telling you off and arguing amongst themselves about what counts as IF and what doesn't

Good evening dents flogged:

 

Thanks for your response.

I read on the USCIS that there are two types of filing: Concurrent and Consular

I thought it was perfectly legal to concurrently send the I-130 and I-485 together. And the I-485 can only be filed when the beneficiary is in the country.

Did I get it all wrong?

She's arriving on a visitor's visa. 

 

I didn't know it was illegal. OMG!

Edited January 31, 2018 by fanned

[dentsflogged 352]

6 minutes ago, fanned said:

Good evening dents flogged:

 

Thanks for your response.

I read on the USCIS that there are two types of filing: Concurrent and Consular

I thought it was perfectly legal to concurrently send the I-130 and I-485 together. And the I-485 can only be filed when the beneficiary is in the country.

Did I get it all wrong?

She's arriving on a visitor's visa. 

 

I didn't know it was illegal. OMG!

It is decidedly NOT legal to enter the country on a non-immigrant (in this case Tourist) visa or VWP, with the intent on adjusting status and becoming a legal permanent resident.  

[fanned 0]

1 minute ago, dentsflogged said:

It is decidedly NOT legal to enter the country on a non-immigrant (in this case Tourist) visa or VWP, with the intent on adjusting status and becoming a legal permanent resident.  

oh, i didn't know that.

She has purchased her ticket already. What do you suggest I do? I mean I can see if they refund her money and I do the consular filing type.

I guess I didn't understand the whole concurrent filing thing. Who does it apply to? I guess I didn't understand the USCIS website instructions on who can file concurrently

I had no idea, this throws a wrench in the whole thing.

 

 

[OldBritAbroad 15]

It appears that your mother is arriving with the intent to immigrate; her visitor’s visa is just that - for a visitor. Using it whilst having the actual intent to reside here permanently is classed as visa fraud as dentsflogged pointed out and will, if detected, land her in considerable trouble - turned around at point of entry, her existing visa revoked and probably a lifetime ban on ever visiting the US again. As well as making it that much harder for anyone else from Nigeria (I assume) to obtain the right visa - not that it’s easy in the first place.

 

I say ‘if’ detected - CBP officers, nor USCIS are not stupid, so it’s more a case of ‘when’.

 

I suggest she obtains a refund and you read up on bringing family members to join you on this forum (http://www.visajourney.com/forums/forum/111-bringing-family-members-of-us-citizens-to-america/); be prepared for a long wait, however.

Edited January 31, 2018 by OldBritAbroad

[fanned 0]

If I had known all this while she was back home I'd have started to consular filing, sent in the I-130 and her application would have started to be worked on. 

 

I

[fanned 0]

1 minute ago, OldBritAbroad said:

It appears that your mother is arriving with the intent to immigrate; her visitor’s visa is just that - for a visitor. Using it whilst having the actual intent to reside here permanently is classed as visa fraud as dentsflogged pointed out and will, if detected, land her in considerable trouble - turned around at point of entry, her existing visa revoked and probably a lifetime ban on ever visiting the US again. As well as making it that much harder for anyone else from Nigeria (I assume) to obtain the right visa - not that it’s easy in the first place.

 

i say ‘if’ detected - CBP officers, nor USCIS are not stupid, so it’s more a case of ‘when’.

 

I suggest she obtains a refund and you read up on bringing family members to join you on this forum (http://www.visajourney.com/forums/forum/111-bringing-family-members-of-us-citizens-to-america/); be prepared for a long wait, however.

Thanks

 

I appreciate your advice

I'll call her in the morning.

It's past bedtime.

 

 

[foreignnaijawife 17]

Why not just let her visit since her ticket is non refundable. Send her back home before her visa expires then file for her once she’s back in Nigeria. Do not file for anything while she’s in the USA. Having a legit trip and not overstaying a tourist visa would look good in my opinion. 

Edited January 31, 2018 by foreignnaijawife

[aleful 1,905]

there is no problem in her coming to visit you, as long as she leaves before her stay is over, so no need to cancel anything

 

you can file the i130 at anytime, and she can visit you during the process

 

 

[fanned 0]

16 hours ago, aleful said:

there is no problem in her coming to visit you, as long as she leaves before her stay is over, so no need to cancel anything

 

you can file the i130 at anytime, and she can visit you during the process

 

 

Thanks Aleful

Appreciate

[fanned 0]

16 hours ago, foreignnaijawife said:

Why not just let her visit since her ticket is non refundable. Send her back home before her visa expires then file for her once she’s back in Nigeria. Do not file for anything while she’s in the USA. Having a legit trip and not overstaying a tourist visa would look good in my opinion. 

Thanks Foreign 

 

I thought maybe she could be refunded the ticket, wishful thinking.

Appreciate