Petitioning Parents for greencard (merged)

[BarbieLove 3]

I am a bit confused, and I hope somebody here can help me. here's my story.

My mom came to USA as work Visa 25years ago, me and my dad was with her. We came to USA legally. My mom did not finish her contract, our visa expired but we stayed and live with our relatives. 

I applied DACA when I reached 18, married a USC, become a permanent resident, and now I'm a USC.

I wanted to file for greencard for my parents. What forms do I file? 

 

Thank you!

[Boiler 43,433]

I 130 follow the guide

[nastra30 1,983]

2 hours ago, BarbieLove said:

I am a bit confused, and I hope somebody here can help me. here's my story.

My mom came to USA as work Visa 25years ago, me and my dad was with her. We came to USA legally. My mom did not finish her contract, our visa expired but we stayed and live with our relatives. 

I applied DACA when I reached 18, married a USC, become a permanent resident, and now I'm a USC.

I wanted to file for greencard for my parents. What forms do I file? 

 

Thank you!

As stated by Boiler follow the guide for USC petitioning parents and adjustment of status.

In summary though, you'll file I-130 concurrently with Form I-485 to adjust status. 

You may also file I-765 for EAD and I-131 for travel until greencard is received.

Overstay is forgiven for your mom.

[Mike E 11,723]

16 hours ago, BarbieLove said:

I am a bit confused, and I hope somebody here can help me. here's my story.

My mom came to USA as work Visa 25years ago, me and my dad was with her. We came to USA legally. My mom did not finish her contract, our visa expired but we stayed and live with our relatives. 

I applied DACA when I reached 18, married a USC, become a permanent resident, and now I'm a USC.

I wanted to file for greencard for my parents. What forms do I file? 

 

Thank you!

https://www.visajourney.com/guides/us-immigration-for-parents/

and

https://www.visajourney.com/guides/us-immigration-guide-for-parents/

 

 

[Chancy 6,233]

*** Moved from AOS from K1 Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

[BarbieLove 3]

Hi, Im filing concurrently (I30, I485), for my mother and father who are already here in USA. Im filing the I30 online, and will file the I485 by mail.

My question is, do I need to file two I-30's and two I485? or just one I30 and I485 for both of them?

 

are there other things I should file while filing concurrently?

 

Thank you!

[SusieQQQ 11,584]

It’s two separate petitions. Each of them needs their own everything. 

[Lil bear 3,831]

File for EAD I131 and AP I 765 at the same time for of them. No fee for these are file with the AOS .. 

[OldUser 4,799]

5 hours ago, BarbieLove said:

 Im filing the I30 online, and will file the I485 by mail.

May I ask why? You will complicate and slow down your case by doing that. USCIS may think your mother is abroad. File both forms together by mail.

Edited October 29, 2022 by OldUser

[nastra30 1,983]

4 hours ago, OldUser said:

You will complicate and slow down your case by doing that. USCIS may think your mother is abroad

Not necessarily. Whether filing I-130 by paper or online there are questions asking whether or not beneficiary is in the US already, and will seek benefits inside the US or not. You just have to answer those questions appropriately.

Edited October 29, 2022 by nastra30

[nastra30 1,983]

Option1 - Some people file I-130 and i-485 concurrently through paper mailing

Option2- Some file I-130 online first, get I-130 receipt right away, and then include the receipt to I-485 application and paper mail them.

 

[OldUser 4,799]

4 hours ago, nastra30 said:

Not necessarily. Whether filing I-130 by paper or online there are questions asking whether or not beneficiary is in the US already, and will seek benefits inside the US or not. You just have to answer those questions appropriately.

While this is true, USCIS often ignore what's written there. A lot of the times their assumption is: I-130 on the paper - adjusting in the US, I-130 online on its own - consular processing.

 

This is because when you do consular processing, you start with filing I-130 on it's own (for example K-1 fiance visa), and once the immigrant is in the US they file I-485.

 

I've heard this on Jim Hacking immigration show. People complain about this situation quite often.

 

I don't see any benefit of filing I-130 and I-485 separately at all.

Edited October 29, 2022 by OldUser

[nastra30 1,983]

6 minutes ago, OldUser said:

While this is true, USCIS often ignore what's written there. A lot of the times their assumption is: I-130 on the paper - adjusting in the US, I-130 online on its own - consular processing.

 

This is because when you do consular processing, you start with filing I-130 on it's own (for example K-1 fiance visa), and once the immigrant is in the US they file I-485.

 

I've heard this on Jim Hacking immigration show. People complain about this situation quite often.

 

I don't see any benefit of filing I-130 and I-485 separately at all.

All, I will say is a family member did option 2. And had no issues whatsoever. Filed I-130 online and filed I-485 with I-130 receipt. 

Edited October 29, 2022 by nastra30

[SusieQQQ 11,584]

49 minutes ago, OldUser said:

While this is true, USCIS often ignore what's written there. A lot of the times their assumption is: I-130 on the paper - adjusting in the US, I-130 online on its own - consular processing.

 

This is because when you do consular processing, you start with filing I-130 on it's own (for example K-1 fiance visa), and once the immigrant is in the US they file I-485.

 

I've heard this on Jim Hacking immigration show. People complain about this situation quite often.

 

I don't see any benefit of filing I-130 and I-485 separately at all.

I’ve seen a few people online here also complaining about issues from filing them separately. Chances are 98% of cases are fine and it’s the 2% who moan loudest. But I agree with you, why take a chance if you don’t need to? If you need to file something by paper may as well do both and keep everything together, just in case you do end up being one of the small percent where it goes wrong.

[Ontarkie 13,915]

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