Question about filling out the I-130 form

[Mike n Huong 1]

My wife is currently filling out the I-130 form while her parents are visiting the United States. The hope is for them to be approved while they are still here so they don’t need to fly back and forth.

 

On the I-130 form it asks for the beneficiary Physical Address. Should I put our address in the US since they are here, or put their home address back in their home country? I’m just wondering what pushes the interview location to be held in the US? 

 

Thanks for for your help!

[USS_Voyager 1,971]

15 hours ago, Mike n Huong said:

My wife is currently filling out the I-130 form while her parents are visiting the United States. The hope is for them to be approved while they are still here so they don’t need to fly back and forth.

 

On the I-130 form it asks for the beneficiary Physical Address. Should I put our address in the US since they are here, or put their home address back in their home country? I’m just wondering what pushes the interview location to be held in the US? 

 

Thanks for for your help!

It takes 8-10 months for a I-130 to be approved. They can’t remain that long in the US. Max they could stay is 6 months. You should put their address in Vietnam as that’s where they officially reside. They should finish they visit and go back to complete the consular processing. It’ll be a year or more before they’ll be able to come back on the immigrant visa. I filed the I-130 for my Mom July 2017, interview October 2018 and entered Nov 2018.

 

To answer your question, there is a box where you tick Consular Processing or Adjustment of Status. 

[nycaribb 12]

21 hours ago, Mike n Huong said:

My wife is currently filling out the I-130 form while her parents are visiting the United States. The hope is for them to be approved while they are still here so they don’t need to fly back and forth.

 

On the I-130 form it asks for the beneficiary Physical Address. Should I put our address in the US since they are here, or put their home address back in their home country? I’m just wondering what pushes the interview location to be held in the US? 

 

Thanks for for your help!

If they’re already in the US and you’re hoping to have them stay here and have their status adjusted  to that of a permanent resident then you should select the option to ‘adjust status’ and put their US address/ your address as the physical address. Adjustment can only be done within the US so, this makes it clear that everything will be done via USCIS and consular processing will not be applicable. 

 

Although entering on B1/B2 you’re authorized a maximum stay of 6months, once you file I-485 to have them adjust their status, they’re  considered to be in authorized stay for as long as a final decision is pending on their adjustment (i.e. the initial period of stay provided on i94 by CBP when they entered is no longer applicable).

[Mike n Huong 1]

On 5/19/2019 at 5:40 PM, nycaribb said:

If they’re already in the US and you’re hoping to have them stay here and have their status adjusted  to that of a permanent resident then you should select the option to ‘adjust status’ and put their US address/ your address as the physical address. Adjustment can only be done within the US so, this makes it clear that everything will be done via USCIS and consular processing will not be applicable. 

 

Although entering on B1/B2 you’re authorized a maximum stay of 6months, once you file I-485 to have them adjust their status, they’re  considered to be in authorized stay for as long as a final decision is pending on their adjustment (i.e. the initial period of stay provided on i94 by CBP when they entered is no longer applicable).

So can she file the I-130 first, using our address as their physical address and then file the I-485 adjustment of status once she gets all the forms filled out and evidence gathered? Or is it required to file together?

 

Thanks for your help, greatly appreciated.

[nycaribb 12]

18 minutes ago, Mike n Huong said:

So can she file the I-130 first, using our address as their physical address and then file the I-485 adjustment of status once she gets all the forms filled out and evidence gathered? Or is it required to file together?

 

Thanks for your help, greatly appreciated.

Sure she can. You can file I-485 after with a copy of the receipt received when I-130 was filed.

 

Please keep in mind that her parents can fall out of status if the i94 expires and I-485 hasn’t yet been filed. The I-130 alone will not allow them authorized stay beyond the date printed on their i94.

[NikLR 13,220]

1 hour ago, Mike n Huong said:

So can she file the I-130 first, using our address as their physical address and then file the I-485 adjustment of status once she gets all the forms filled out and evidence gathered? Or is it required to file together?

 

Thanks for your help, greatly appreciated.

She can but it would be better to file them concurrently.  

However if they need to go home for any reason before the AP kicks in (I-131 form) then they should just do that and do consular processing.  Please read the guides and current timelines for your area on AOS.  If that's your choice we can move your thread.