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Questions regarding I130 for parents in India

By pkgc in Bringing Family Members of US Citizens to America

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pkgc Contributor

pkgc   3

Posted
Filed: Citizen (pnd) Country: India
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Posted

Hello,

 

My parents live in India, they have a 10 year visitor visa and they frequently visit. I am now planning to bring them here permanently so prepping to file I130. My questions

1. If I file I130 can they travel to US on their visitor visa while I130 is pending? 

2. If I file I130 and it gets approved, it may be many months before their interview actually happens, can they travel to US on visitor visa between their I130 being approved and IR5 interview  ?

3. Can I file I130 while they are here on visitor visa, but not file I485 AOS ? That way their IR5 process can start, and when they go back within a few months they are closer to their IR5 interview at a consulate in India

4. If I485 AOS is recommended while they are here, how long is the time line for I485 with advance parole and work authorization ? They need to be back in India at the end of Q2 2022. 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Your parents can VISIT during the process as long as they can convince CBP that they will return to India.  It is illegal to enter the US with the intent to adjust status with an I-485....thus, adjustment of status does not apply to them as they are not currently inside the US. 

You can file an I-130 while they are here.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,664

Posted
Filed: K-1 Visa Country: Wales
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Posted

You certainly make it sound like they are currently in India

“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.”

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
19 minutes ago, pkgc said:

Hello,

 

My parents live in India, they have a 10 year visitor visa and they frequently visit. I am now planning to bring them here permanently so prepping to file I130. My questions

1. If I file I130 can they travel to US on their visitor visa while I130 is pending? 

2. If I file I130 and it gets approved, it may be many months before their interview actually happens, can they travel to US on visitor visa between their I130 being approved and IR5 interview  ?

3. Can I file I130 while they are here on visitor visa, but not file I485 AOS ? That way their IR5 process can start, and when they go back within a few months they are closer to their IR5 interview at a consulate in India

4. If I485 AOS is recommended while they are here, how long is the time line for I485 with advance parole and work authorization ? They need to be back in India at the end of Q2 2022. 

Where are they right now?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 minutes ago, pkgc said:

They are in India

OK.  Thanks.....The I-485 for adjustment of status does not apply to them.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
24 minutes ago, pkgc said:

Hello,

 

My parents live in India, they have a 10 year visitor visa and they frequently visit. I am now planning to bring them here permanently so prepping to file I130. My questions

1. If I file I130 can they travel to US on their visitor visa while I130 is pending? 

2. If I file I130 and it gets approved, it may be many months before their interview actually happens, can they travel to US on visitor visa between their I130 being approved and IR5 interview  ?

3. Can I file I130 while they are here on visitor visa, but not file I485 AOS ? That way their IR5 process can start, and when they go back within a few months they are closer to their IR5 interview at a consulate in India

4. If I485 AOS is recommended while they are here, how long is the time line for I485 with advance parole and work authorization ? They need to be back in India at the end of Q2 2022. 

1 & 2.  They can travel on their visitor visas.  Will need to show that they don't intend on immigrating during their visits.

3.  Yes.

4.  AOS is not recommended since your parents are currently in India.  It's illegal to enter the US on visitor visas with the intent to AOS.  

 
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