Moving soon but need to file I-130 and AOS for parent

[Ihatebaseboards 67]

Hi, I hope you can advise how to proceed and what is the best option in my case. My parent is in the US on B1 (legal entry) and her last day on I 94 is June 24.

I just got my citizenship so I am eligible to file now. We are moving to a different state in a month and will live in AirBnB before our new house closing. Can you please suggest which option is best?

 

Option 1: Mail in concurrent filing this week with the current address. Hope the receipt will be delivered within a month. I can also put our relative's mailing address vs residence address so we do not lose any mail.  Preparing the paper package does take time so my deadline is this week with overnight delivery option.

 

Option 2: File I-130 online, then submit AOS from the new address (with I 130 receipt notice).  It is easier to update address online and hopefully the receipt notices also will be uploaded in the Documents section. I heard this won't be considered as concurrent process and may delay the application.

 

Option 3: Mail in concurrent filing from the new address beginning of June. This will avoid any loss of mail possibility and address change paperwork. I am more concerned that B1 validity period is end of June, what if USCIS is late with receipt notices etc....

 

Please let me know if I am missing any other risk factors or what would you do in my stead.  Thank you!

[Timona 3,989]

3

[Demise 1,140]

Regarding USCIS being late on the receipt:

 

Technically those things are supposed to be dated as of the day they arrived. However, parents of US Citizens are immediate relatives and as such are eligible to adjust their status after an overstay similar to spouses. So if USCIS processes it late or is late on issuing the notice or you drop the ball and file late, then that's ultimately no big deal, just make sure your parent avoids the 100 mile of border area where CBP has jurisdiction until the I-485 receipt notice arrives.

 

That being said, option #3 would likely be the best. Alternatively, you could hire a lawyer and fill out G-28, the lawyer will get a duplicate of any notice sent to you so if one fails to arrive the other should.

[Ihatebaseboards 67]

7 minutes ago, Demise said:

Regarding USCIS being late on the receipt:

 

Technically those things are supposed to be dated as of the day they arrived. However, parents of US Citizens are immediate relatives and as such are eligible to adjust their status after an overstay similar to spouses. So if USCIS processes it late or is late on issuing the notice or you drop the ball and file late, then that's ultimately no big deal, just make sure your parent avoids the 100 mile of border area where CBP has jurisdiction until the I-485 receipt notice arrives.

 

That being said, option #3 would likely be the best. Alternatively, you could hire a lawyer and fill out G-28, the lawyer will get a duplicate of any notice sent to you so if one fails to arrive the other should.

Thank you for your thorough response. I just checked and we are currently in that 100 mile border area and we are moving to non-100 mile border area. Whew~