Form I-130 and adjustment of status (split and merge)

[IamShe 0]

Aloha! 
 

2 questions.

 

1. my mom has a 10 yr multiple visa and she is with me now in the US. I just requested an extension for her and planning to adjust her status but she has pending I-130. Can i adjust her status and while she has pending i-130? I Am aware of the payment.

 

2. My dad wants to apply for a tourist visa to be reunited my mom. God willing if he gets approved, I am planning to adjust his status. He has also a pending i-130. Is this possible?? 

Edited August 9, 2020 by Penguin_ie

[Duke & Marie 1,389]

1 hour ago, IamShe said:

Aloha! 
 

2 questions.

 

1. my mom has a 10 yr multiple visa and she is with me now in the US. I just requested an extension for her and planning to adjust her status but she has pending I-130. Can i adjust her status and while she has pending i-130? I Am aware of the payment.

 

2. My dad wants to apply for a tourist visa to be reunited my mom. God willing if he gets approved, I am planning to adjust his status. He has also a pending i-130. Is this possible?? 

1. If your mom is currently in the US she can file AOS if you’re a USC while the petition is pending, if your a LPR then the i130 needs to be approved prior to AOS

 

2. NO! You are NOT permitted to bring your father to the US on a tourist visa with intention to Adjust Status, that is immigration fraud! if he wants to be reunited with his wife then he needs to wait out the i130 in his home country or wait out her AOS and have her file i130 for him while he’s in his home country..

 

looks like your parents will be seperated for a while if your mom adjusts status.. 

[Dashinka 23,304]

I agree with @Duke & Marie, if you are a USC and your mom is in the US, you can AOS.  Your dad, if he even gets a B2 cannot enter the US with the intention to stay.  You need to think through all the ramifications as to your parents separation.

 

Good Luck!

[SusieQQQ 11,584]

3 hours ago, Duke & Marie said:

if your a LPR then the i130 needs to be approved prior to AOS

LPRs can’t sponsor parents.

[SusieQQQ 11,584]

4 hours ago, IamShe said:

My dad wants to apply for a tourist visa to be reunited my mom. God willing if he gets approved, I am planning to adjust his status. He has also a pending i-130. Is this possible?? 

Of course he must be honest at the interview, and will certainly be denied. So as another poster above pointed out, your parents need to decide how long they want to be separated for. Maybe better for your mom to go back and they can later interview and immigrate together.

[IamShe 0]

Thank u for ur reply.

[SalishSea 16,826]

On 4/8/2020 at 1:25 AM, IamShe said:

My dad wants to apply for a tourist visa to be reunited my mom. God willing if he gets approved, I am planning to adjust his status. He has also a pending i-130. Is this possible?? 

This is immigration fraud.  Don't do it.

[IamShe 0]

Does anybody know if i can file adjustment of status for my Mom while she has  pending visa extension application? She is currently under b2 visa. 194 expires on 4/25/2020. Applied for visa extension on 3/29/20, current status is “received” since 3/30/2020. I am aware that i have to apply for AOS before I94 expires but i was able to apply for her extension prior to I94 expiration. Can she still apply for AOS? 

[Ncornejo7 236]

35 minutes ago, IamShe said:

Does anybody know if i can file adjustment of status for my Mom while she has  pending visa extension application? She is currently under b2 visa. 194 expires on 4/25/2020. Applied for visa extension on 3/29/20, current status is “received” since 3/30/2020. I am aware that i have to apply for AOS before I94 expires but i was able to apply for her extension prior to I94 expiration. Can she still apply for AOS? 

I'm not sure about this. Maybe you can start a topic on this. It seems very interesting what advice you would get.

[HRQX 4,145]

15 hours ago, IamShe said:

Does anybody know if i can file adjustment of status for my Mom

Yes. But your Mom must sign I-485 (and the optional I-765 and/or I-131; these 2 are free to file as an I-485 applicant). 

15 hours ago, IamShe said:

I am aware that i have to apply for AOS before I94 expires but i was able to apply for her extension prior to I94 expiration.

Actually, Immediate Relatives (IR) that overstay can still submit I-485 because those INA 245(c) bars don't apply to IR applicants: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

• The applicant is now employed or has ever been employed in the United States without authorization; 

• The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

• The applicant has ever violated the terms of his or her nonimmigrant status. 

Edited August 9, 2020 by HRQX

[HRQX 4,145]

On 4/8/2020 at 1:25 AM, IamShe said:

my mom has a 10 yr multiple visa and she is with me now in the US.

Who currently has the approved I-130 petition? USCIS, NVC, or the Embassy?

Do note that the I-130 approval doesn't expire. But at I-485 interview if the I-130 file hasn't arrived from the internal transfer request, then it can delay I-485 adjudication.

[Penguin_ie 5,986]

**** post made in other thread by other member about another subject, and replies, split and merged with Op's existing thread.  Please do not post more than once on a issue/ question, and never in someone elses thread. ******