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Spero

Filing adjustment of status for my mother

By Spero in Bringing Family Members of US Citizens to America

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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
Posted

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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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted
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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted
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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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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SusieQQQ Grand Master

SusieQQQ   11,584

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted (edited)
46 minutes ago, SusieQQQ said:

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

 

This 

Again personal reasons. Thanks for your response. 

Edited by Spero
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SusieQQQ Grand Master

SusieQQQ   11,584

Posted
Filed: Citizen (apr) Timeline
Posted
16 minutes ago, Spero said:

Again personal reasons. Thanks for your response. 

Personal reasons or not, there are immigration laws. 

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
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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Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted
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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted
32 minutes ago, Boiler said:

When will you be back in the US?

At the moment I'm not sure. But from everyone's advice we will do consular processing when she flys back to Trinidad 

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Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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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Spero Rookie

Spero   0

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
  • Author
Posted
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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