Questions

[Traveller_123 2]

Hello all,

 

Can a US citizen file the I130 for her parent while the parent is in the US and not have to worry about the patient going back to her home country?

 

Also, if the parent had a green card before but turned it years before the US citizen child was born, but doesn’t know or remember the alien number, can the US citizen leave that field blank on the form?

[Dashinka 24,583]

29 minutes ago, Traveller_123 said:

Hello all,

 

Can a US citizen file the I130 for her parent while the parent is in the US and not have to worry about the patient going back to her home country?

Yes if the parent is already in the U.S.  No if the parent is not in the U.S. as it is fraud to enter the U.S. on a visitor visa with the preconceived intent to stay and adjust status.

29 minutes ago, Traveller_123 said:

 

Also, if the parent had a green card before but turned it years before the US citizen child was born, but doesn’t know or remember the alien number, can the US citizen leave that field blank on the form?

Shouldn’t be an issue.  USCIS should be able to see the past record(s).

 

Good Luck!

[Traveller_123 2]

Thanks @Dashinka, so if the parent is on a visitor visa in the USA, the I130 can’t be filed?

 

Another one, the US citizen is presently self employed but has not earned any income as yet, but could be using spouse as a co sponsor, is that ok?

[appleblossom 2,679]

1 minute ago, Traveller_123 said:

Thanks @Dashinka, so if the parent is on a visitor visa in the USA, the I130 can’t be filed?

 

Where is the parent now? In the US or abroad?

[Family 4,025]

What information did the parent provide to the consulate during the visitor visa process?
Your post is a bit unclear…there was a green card BEFORE you ( USC child ) was born here?

[Dashinka 24,583]

10 minutes ago, Traveller_123 said:

Thanks @Dashinka, so if the parent is on a visitor visa in the USA, the I130 can’t be filed?

 

Another one, the US citizen is presently self employed but has not earned any income as yet, but could be using spouse as a co sponsor, is that ok?

The I130 can be filed anytime for the parent of a USC.  If the parent is currently in the U.S. then you can also file the I485 to adjust status.  That being said, it is unclear where your parent is now as if not in the U.S. currently, then the I485 is not an option.

 

The primary sponsor would fill out the I864, and if a co-sponsor is needed, then the co-sponsor would fill out a separate I864 except in your case, your spouse (household member) would fill out the I864A.

 

These guides may be helpful.

 

 

 

 

[Traveller_123 2]

2 hours ago, appleblossom said:

 

Where is the parent now? In the US or abroad?

The parent is in her home country (not the US).

[Traveller_123 2]

2 hours ago, Family said:

What information did the parent provide to the consulate during the visitor visa process?
Your post is a bit unclear…there was a green card BEFORE you ( USC child ) was born here?

The parent already has a visitor visa and is planning to visit in a few months, so can the I130 be filed alongside the other form , I think it’s I485?

 

The parent got a green card through one of her parents, but never lived in the US, it was turned in. The green card and the turning in of the card was done before the child (the US citizen) was born in their home country. 

[Traveller_123 2]

2 hours ago, Dashinka said:

The I130 can be filed anytime for the parent of a USC.  If the parent is currently in the U.S. then you can also file the I485 to adjust status.  That being said, it is unclear where your parent is now as if not in the U.S. currently, then the I485 is not an option.

 

The primary sponsor would fill out the I864, and if a co-sponsor is needed, then the co-sponsor would fill out a separate I864 except in your case, your spouse (household member) would fill out the I864A.

 

These guides may be helpful.

 

 

 

 

Ok, so let me see I understand. 
 

1. If the parent is in the US on a visitor visa, the US citizen child can file both I130 and I485 at the same time without any problems or issues?

 

2. Well since the primary sponsor (the US citizen) doesn’t have any income from being self employed at the moment, then there will need to be a co sponsor on the application and that would need the I864A filled out by and primary sponsor to fill out the I864?

 

if there are 3 or 4 people living in the household, will the primary sponsor (US citizen) and co-sponsor need to use the above poverty guidelines to see what it should be?

Edited April 2 by Traveller_123

[appleblossom 2,679]

8 minutes ago, Traveller_123 said:

The parent is in her home country (not the US).

Then AOS isn’t an option. 

[Family 4,025]

3 minutes ago, Traveller_123 said:

The parent already has a visitor visa and is planning to visit in a few months, so can the I130 be filed alongside the other form , I think it’s I485?

 

The parent got a green card through one of her parents, but never lived in the US, it was turned in. The green card and the turning in of the card was done before the child (the US citizen) was born in their home country. 

I see. .when did parent have visa interview? The intent and purpose of the visit has drastically changed . 
 

 

[Traveller_123 2]

9 minutes ago, appleblossom said:

Then AOS isn’t an option. 

If she’s in the USA on a visitor’s visa, can it be done?

[Traveller_123 2]

9 minutes ago, Family said:

I see. .when did parent have visa interview? The intent and purpose of the visit has drastically changed . 
 

 

The parent had the visa interview decades ago, I would say about 30-35 years ago, not sure when, I know it was before the parent had the US citizen. 
 

The green card was relinquished before the US citizen was born. 

[Family 4,025]

2 minutes ago, Traveller_123 said:

If she’s in the USA on a visitor’s visa, can it be done?

Parent would have to deceive CBP to enter. 
You , I am assuming, are asking what the immigration law allows. ..the answer by @appleblossom encompasses both short and long version answer

[Family 4,025]

1 minute ago, Traveller_123 said:

The parent had the visa interview decades ago, I would say about 30-35 years ago, not sure when, I know it was before the parent had the US citizen. 
 

The green card was relinquished before the US citizen was born. 

Not possible. No such visa validity dates