How long to wait before sending i130

[Jane Hat 1]

Hello everyone,

 

I would like to know how long my mom has to wait to file for my sibling? I am a US citizen and I requested my mom more than 1 year ago, her process was finally approved and she is entering the US next week. The idea is that she requests my younger sibling. I know the waiting time for F2A is about 2 years. So I would like to send the I130 form as soon as possible, but I am not sure if it is better to wait for my moms green card to arrive. I know we can send a copy of her legal entry instead of the GC, but I would like to hear any advice.

I was planning to make my mom sign the I130 and send it as soon as she arrives here, but somebody told me it was better to wait.  We will be waiting 2 years. Should we wait 3 more months till her GC cards gets here. I just want to do the correct thing. Any advice will be greatly appreciated.

Thanks! 

[Boiler 45,673]

Why wait?

[aleful 1,905]

hi

 

as stated, she doesn't need to wait, have her file as soon as possible

 

 

[SusieQQQ 11,586]

How old is your sibling? If there is any risk of aging out of F2A it makes no sense to wait any longer than you need to.

And as others have said, no reason to wait anyway. A plastic green card is just one way of proving she is an LPR, from USCIS’s perspective it’s no different to the temporary I551 stamp she’ll get when she enters.

 

 

 

Edited May 13, 2018 by SusieQQQ

[Jane Hat 1]

Thanks for all your comments. A lawyer told me I should wait until my mom was established here because some people don't like to live in US and they decide to be back after some months. But I am sure that is not my mom's case.  My sibling is turning 19 this year, so we could make it but I can't afford to make any mistakes with the forms or filing out before the right time. That is why I was asking if it was okay to send the i130 form as soon as my mom was here. I feel like waiting for GC doesn't help, and I was wondering is somebody here filed the I130 without having the GC and was approved without any problem.

 

 

[apple21 953]

That lawyer is an idiot. 😂

People have already advised you that the stamp on mom’s passport is enough to prove her LPR status. Have her bring her child’s certified birth certificate so you can send the i130 the day after her arrival. Be quick because if your sibling ages out then it’s a longer wait for him/her. 

[Jane Hat 1]

My mom arrived today. I check her visa and she only has a stamp not really legible that has some small blue letter around and says may 16 2018, there is also a number written by hand that says IR5. She doesnt have anything else. Is that what I am supposed to send as proof of residence?

[SusieQQQ 11,586]

5 hours ago, Jane Hat said:

My mom arrived today. I check her visa and she only has a stamp not really legible that has some small blue letter around and says may 16 2018, there is also a number written by hand that says IR5. She doesnt have anything else. Is that what I am supposed to send as proof of residence?

Look at the bottom of the visa, there is a machine printed line saying upon endorsement it serves as I551 for a year... I551 is a green card and the stamp you talk about is the endorsement.  So that illegible stamp with IR5 scrawled on it is what has turned your mom’s visa into a temporary green card

[SusieQQQ 11,586]

And here it is officially 

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs