I-130 for parents approved but they are visiting usa

[Vabsmith 46]

12 hours ago, Jorgedig said:

Before July???    Like two months from now?  Not going to happen.  Pre-covid it was taking 6-8 months.

Does that mean typical time of 6 to 8 months from I-130 approval to get the AP approval? 

[Vabsmith 46]

21 hours ago, Bzegurl said:

You are correct it sure doesn't my bad. In that case you should do AOS no telling if it will be extended and if your parents go home, how long before they can return.

Does that mean if I file for AOS , the process can continue in my case irrespective of the EO ban? 

[SusieQQQ 11,584]

43 minutes ago, Vabsmith said:

Does that mean if I file for AOS , the process can continue in my case irrespective of the EO ban? 

Yes - as long as they don’t abandon AOS by leaving before they have AP.

[SalishSea 16,806]

On 5/9/2020 at 12:04 PM, Vabsmith said:

Does that mean typical time of 6 to 8 months from I-130 approval to get the AP approval? 

I would think so.  Processing times certainly have not improved.

[Vabsmith 46]

On 5/8/2020 at 10:29 AM, geowrian said:

An I-824 shouldn't be needed. When you file an I-485, USCIS is supposed to request the I-130 from whoever currently has it.

I use "shouldn't" and "supposed to" above because there have been a handful of cases where USCIS did not do so and wanted an I-824 filed. Those cases never came back to update if they ended up filing the I-824 or resolved the matter directly with USCIS.

But needing one is not the norm.

 

The I-824 (https://www.uscis.gov/system/files_force/files/form/i-824.pdf) only lists 5 reasons to file it:

1) To request a duplicate (not this one!)

2) To notify a consulate of the approval if it differs from that of the petition/application. (Does not apply here)

3) Notify a consulate about a primary beneficiary's AOS application for follow-to-join (FTJ) purposes of derivative beneficiaries. (Not this either)

4) To make USCIS send an approved petition to NVC. (Not this - this is for when you filed the petition and marked AOS instead of consular processing, but then changed to consular processing)

5) To notify USCIS that you have naturalized. (Not this!)

The fees are $465 for I-824. I would rather not file it if I don't have to. Would I be able to just call USCIS and follow-up if they have got my I-130?

[geowrian 22,335]

8 minutes ago, Vabsmith said:

The fees are $465 for I-824. I would rather not file it if I don't have to. Would I be able to just call USCIS and follow-up if they have got my I-130?

I would not file the I-824 unless told to do so. And even then, I would want them to verify it is really needed.

As noted, there is no box to check on the I-824 for the purposes of having DOS send the petition back to USCIS. So I'm unsure on how you would even fill it out.

[Vabsmith 46]

On 5/7/2020 at 7:53 PM, HRQX said:

Yes; Immediate Relatives don't have to wait for a visa number. But you'll have to contact USCIS and/or NVC so they can send the approved petitions back to USCIS and put it in their A-files. They'll each need their own:

• I-485 with a copy of the I-130 receipt notice, I-864 with supporting documents, I-944 with supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

 

Sincerely appreciate everyone helping to answer my questions.

Does this look correct- each of my AOS packet shall have-

1. I-485 form with fee check

2. I-130 copy of the i-797 notice of approval

3. I -944 with supporting evidence documents

4. I-131 form with fee check

 

Where do i get I-94 electronic copy? Won't I just get a copy from their passport that has the latest I-94 stamp?

I would think that I-765 is optional? 

[HRQX 4,145]

11 minutes ago, Vabsmith said:

I-131 form with fee check

Both I-131 and I-765 are free for them: "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf Page 16

Both forms are optional but highly recommended. Plus, again, they are both free!

14 minutes ago, Vabsmith said:

Where do i get I-94 electronic copy?

https://i94.cbp.dhs.gov/I94/#/home "Get most recent I-94"

[Vabsmith 46]

14 minutes ago, HRQX said:

Both I-131 and I-765 are free for them: "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf Page 16

Both forms are optional but highly recommended. Plus, again, they are both free!

https://i94.cbp.dhs.gov/I94/#/home "Get most recent I-94"

Thank you

[HRQX 4,145]

On 5/8/2020 at 2:47 PM, geowrian said:

They can leave the US at any time. But if they leave w/o AP, they won't be coming back until they get a new visa abroad...presumably an IR-5 (once the ban is gone, whenever that actually happens), and their I-485 will be be denied due to abandonement.

OP and I want to ask you a question through private message but your mailbox is full.

[geowrian 22,335]

1 minute ago, HRQX said:

OP and I want to ask you a question through private message but your mailbox is full.

Should be a spot open now

[Vabsmith 46]

I have another question on this topic. I want to apply for the AOS while my parents are in USA. Also I have my fiancee and her daughter awaiting their visa interview ( whenever the consulate opens) in the home country. I would be showing my financial info to prove that I can support them all but would there be any conflicts with my fiancee's interview related to financial support if I file my parents AOS now?

[Boiler 43,545]

As long as you can meet all the financial requirements. A lot of people to sponsor. Presumably your Parents will be self sufficient.

[Vabsmith 46]

On 5/11/2020 at 9:13 PM, HRQX said:

OP and I want to ask you a question through private message but your mailbox is full.

Oh sorry... I see only 22 percent capacity used on msgs... wondering why it won't let more messages in..

[Vabsmith 46]

15 hours ago, Boiler said:

As long as you can meet all the financial requirements. A lot of people to sponsor. Presumably your Parents will be self sufficient.

My parents will be dependent on me but I think I make enough to take care of all of them.. I guess let me go to the actual financial requirements in I-485 to see how much are they looking the sponsor to have...Thanks