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Spero

Filing adjustment of status for my mother

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Hey guys I'm new to the forum, so my mother entered the us on the 20th of December last year (I currently reside overseas) i'm a us citizen she entered on a tourist Visa. Because of personal reason A she would like to stay in the us and become a lpr should I file adjustment of status for her or do consular processing? She did not enter with the intent of migrating. 

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10 minutes ago, Spero said:

I currently reside overseas

As in visiting or as living/working?

To do either process, you will need to be domiciled in the US.


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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Agree , a parents i130 is to reunite the family.  So to file AOS you would have to be living in the US and show that it is your home for the foreseeable future.  If you are living somewhere else your mother doesn't qualify for a visa.  If you are willing to make the US your home then you can file for her.   


This will not be over quickly. You will not enjoy this.

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13 minutes ago, geowrian said:

As in visiting or as living/working?

To do either process, you will need to be domiciled in the US.

Currently working. Domiciled meaning have proof of domicile or do I have to be living there. I have proof of address, active bank account  and driver's permit.

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12 minutes ago, NigeriaorBust said:

Agree , a parents i130 is to reunite the family.  So to file AOS you would have to be living in the US and show that it is your home for the foreseeable future.  If you are living somewhere else your mother doesn't qualify for a visa.  If you are willing to make the US your home then you can file for her.   

Yes I am planning to go back to the us I've been working in trinidad  for over a yr . My wife and kids reside here planning to file i130 via consular processing for them. I was just wondering if it will be possible to file AOS for my mother since she chooses to reside in the us.

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2 minutes ago, Spero said:

Currently working. Domiciled meaning have proof of domicile or do I have to be living there. I have proof of address, active bank account  and driver's permit.

Actually living there, or showing sufficient intent that you will be living there before permanent residency or the visa is approved. Either way you will need to actually live in the US.

 

If you do intend to live in the US, then both paths (AOS and consular processing) are available. That said, the domicile requirement is for the I-864, which must be filed alongside AOS if going that route. For the visa path, it isn’t needed until NVC.


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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4 minutes ago, Spero said:

Yes I am planning to go back to the us I've been working in trinidad  for over a yr . My wife and kids reside here planning to file i130 via consular processing for them. I was just wondering if it will be possible to file AOS for my mother since she chooses to reside in the us.

Unfortunately no non-citizen has the right to just “choose to reside” in the US. 

 

1 minute ago, geowrian said:

That said, the domicile requirement is for the I-864, which must be filed alongside AOS if going that route. For the visa path, it isn’t needed until NVC.

This 

Edited by SusieQQQ

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1 hour ago, Spero said:

Hey guys I'm new to the forum, so my mother entered the us on the 20th of December last year (I currently reside overseas) i'm a us citizen she entered on a tourist Visa. Because of personal reason A she would like to stay in the us and become a lpr should I file adjustment of status for her or do consular processing? She did not enter with the intent of migrating

a. Consular Processing

b. If she did not enter with the intent of migrating, she surely had a return ticket. She uses that ticket to return home, and go the legal route to get an IR5 visa. 


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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When will you be back in the US?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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49 minutes ago, WeGuyGal said:

a. Consular Processing

b. If she did not enter with the intent of migrating, she surely had a return ticket. She uses that ticket to return home, and go the legal route to get an IR5 visa. 

Thanks for your advice we will do consular processing as soon as she flys back to Trinidad 

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You re going to have to sponsor her and showing overseas earnings etc will look odd.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 hours ago, Boiler said:

You re going to have to sponsor her and showing overseas earnings etc will look odd.

I already have a joint sponsor  for my mother and wife. When I file for the kids they will be citizens on arrival so I will be filing i864w for them.

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