Mom currently in the US, filing I-130,I-485 Adjustment of Status

[catcococece 0]

Creating this thread for those with the same situation. Green Card for Immediate Relatives of U.S. Citizen where parents are already here on a Tourist Visa.

I am starting my mom’s application on line. I already have my USCIS account. Do I apply under my account or do I need to create an account for Mom? Thank You 

[Adventine 3,187]

***Moved to the forum Adjustment of Status from Work, Student and Tourist Visas, where similar topics may be found***

 

 

[catcococece 0]

On 8/21/2021 at 12:52 PM, catcococece said:

Creating this thread for those with the same situation. Green Card for Immediate Relatives of U.S. Citizen where parents are already here on a Tourist Visa.

I am starting my mom’s application on line. I already have my USCIS account. Do I apply under my account or do I need to create an account for Mom? Thank You 

Still convincing Mom to stay here  But when can I file her Application for a green card? She has been here for a little over a month. Thanks

[chancecody 123]

58 minutes ago, catcococece said:

Still convincing Mom to stay here  But when can I file her Application for a green card? She has been here for a little over a month. Thanks

My understanding is the petitioner (you using I-130) should have a separate account from the applicant (your mom I485/I765/I131).

 

I am also on B2. I know it is not a popular opinion here about the 90 day rule so I will not even advise that. USCIS does not enforce the 90 day rule….it was a guideline. Nevertheless, you need to make sure that your mom did not enter the US with the intention to adjust status as that is immigration fraud. All 3 lawyers that I talked to asked me to wait on my 91st day to adjust status.

 

My case is strong. My USC spouse is a Canadian Permanent Resident that I sponsored and we lived together in Canada for 9 years. We went for a visit in the US as we normally do countless times and my husband decided to stay this time. I kept all our itineraries showing the visit was supposed to be temporary just in case they ask. Based on consult, the lawyers seem to be scared of the 90 day rule so they all advised me to file after 90 days. The VJ community on the other hand does not believe on this based on what I read on many threads….I spent hours reading all thread about this and ultimately decided to wait after 90 days anyway as I was not in a rush and did not want to deal with any headache down the road.

 

Good luck!

Edited August 22, 2021 by chancecody

[jakelake 222]

1 hour ago, catcococece said:

Still convincing Mom to stay here  But when can I file her Application for a green card? She has been here for a little over a month. Thanks

 

1 hour ago, catcococece said:

Still convincing Mom to stay here  But when can I file her Application for a green card? She has been here for a little over a month. Thanks

 

Edited August 22, 2021 by jakelake
Edit

[catcococece 0]

On 8/22/2021 at 3:00 PM, chancecody said:

My understanding is the petitioner (you using I-130) should have a separate account from the applicant (your mom I485/I765/I131).

 

I am also on B2. I know it is not a popular opinion here about the 90 day rule so I will not even advise that. USCIS does not enforce the 90 day rule….it was a guideline. Nevertheless, you need to make sure that your mom did not enter the US with the intention to adjust status as that is immigration fraud. All 3 lawyers that I talked to asked me to wait on my 91st day to adjust status.

 

My case is strong. My USC spouse is a Canadian Permanent Resident that I sponsored and we lived together in Canada for 9 years. We went for a visit in the US as we normally do countless times and my husband decided to stay this time. I kept all our itineraries showing the visit was supposed to be temporary just in case they ask. Based on consult, the lawyers seem to be scared of the 90 day rule so they all advised me to file after 90 days. The VJ community on the other hand does not believe on this based on what I read on many threads….I spent hours reading all thread about this and ultimately decided to wait after 90 days anyway as I was not in a rush and did not want to deal with any headache down the road.

 

Good luck!

Thank You so much! Appreciate your inputs.

My Mom is still undecided