Filing AOS while on Visitor visa with I-130 approved

[gillete114 0]

Hello, I want some advise regarding filing AOS for my parent. I am USC and applied for I-130 for my parent. My parent entered US with his existing Visitor visa while his I-130 was pending. No questions were asked at the port of entry. His I-130 recently got approved (while he is on visitor visa). Initially I chose consular processing. Now, we have changed mind and want to file AOS instead of consular processing. Is it safe to file AOS, since I-130 was pending at time of entry. Please advise if someone has dealt with similar situation. Is there any recommendation or things we need to consider. Thank you in advance

[Lil bear 4,681]

39 minutes ago, gillete114 said:

Hello, I want some advise regarding filing AOS for my parent. I am USC and applied for I-130 for my parent. My parent entered US with his existing Visitor visa while his I-130 was pending. No questions were asked at the port of entry. His I-130 recently got approved (while he is on visitor visa). Initially I chose consular processing. Now, we have changed mind and want to file AOS instead of consular processing. Is it safe to file AOS, since I-130 was pending at time of entry. Please advise if someone has dealt with similar situation. Is there any recommendation or things we need to consider. Thank you in advance

Yes the AOS can be filed. It should be done asap before his stay under his visa expires. He wants to have the I 791 receipt notice for the I485 in hand before the end of visit date comes.  Note that he cannot leave  the US until he has his GCard or travel permit ( if he applied for one.) If he. leaves before this is processed he will be deemed as abandoning the AOS process. He cannot work until he has his GC or work authorisation if he applies for one. He is unlikely to be able to get any health coverage  other than catastrophic /short term visitors cover which will not cover dr visits , medication etc. He will need certain documents which may be difficult to obtain from outside his home country. As desirable as it may seem now for him to stay rather than return home, it can be a very lengthy process and many find it way more restrictive than they expect. So yes it is legal and possible but not without challenges. 

[OldUser 11,048]

Why not just complete consular route? It would be cheaper and potentially faster.