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romypau77

tourist visa and adjustment status HELP

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hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

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3 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

Based on the above, the answer is NO

 

You may petition them by filing i130 anytime; however they interview in their home country for an IR5 visa. Entering the US on a b2 visa with intent to adjust status is misuse/abuse of that visa, and thus construes visa fraud. 

 

What country would they be visiting from? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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14 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

You cannot use a tourist entry as a part of a preconceived plan to circumvent the immigration process


YMMV

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You can file the I-130.

They can visit.

They cannot enter with intent to stay, or wait out the process in the US (it will take over 6 months).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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16 minutes ago, romypau77 said:

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

It's fraud for them to cross the border with intent on staying to adjust status within the US.

 

18 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

Also...the way it's worded....do your parents WANT to live in the USA, or you're hoping to convince them to relocate? Perhaps they want to just continue to visit often?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

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3 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

Yes to both.

 


YMMV

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5 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

  1. You can start the process at any point - whether they are in the US or abroad. Starting the process is filing an I-130. No I-485...that's for Adjustment Of Status (AOS) within the US. They need to go through consular processing abroad for a visa.
  2. They can continue to visit during the process (so long as CBP admits them...as is always the case).
Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

You can send I-130 anytime. Even while they're here. But you shouldn't send I-485 

 

They should be able to visit

 


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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5 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

You can apply anytime.. while they're abroad OR while they're here OR after they leave following their visit; any time!

After applying, they can attempt to visit, however all requests for admission are subject to CBP discretion. 

 

WHere would they be visiting from? 

Edited by WeGuyGal

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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May have a harder time being admitted entry once the i-30 is filed (as it shows immigrant intent), but not impossible.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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