Filing i485 for parents who are here on B1 B2 (arrived on their sailboat). Important.

[stello]

Hi all.
First time poster here. Been scouring threads for answers but feel the need to ask specifically because this is so nuanced.

I became a US citizen in 2013, through marriage. My parents recently sailed here to the US on their sailboat (from Europe via the Caribbean). They had initially planned on visiting us in Florida for a few months over the hurricane season and then heading back to the Caribbean to cruise around, so they applied for a B1 B2 visa, and entered using that visa about two months ago.
They currently have about 4 more months on the B1 B2.

After being here for a couple months and after much talking we are entertaining the idea of having them live with us full time. We have two young children and I recently started a small business, and its incredibly helpful to have family living with us. They have also become very attached to the grand kids and prefer the idea of being here to being in the Caribbean.

So after some research I found out about the change of status (i485) and have been reading up on it a lot recently. The biggest concern we have is that USCIS might assume they entered whilst planning to immigrate (misrepresentation of intent?). We didn't even know this was an option when they entered, but how do we convince USCIS that this was the case?

Does anyone have any advice regarding this? Prior experience in similar circumstances?

So far we have downloaded and filled in for EACH parent:
G-325
i-130
i-485
i-693
i-765
i-864
i-864a

We're still getting all the supporting docs together, and looking into getting their medicals done.
Does it look like I'm missing anything?

I'd really appreciate any feedback regarding this process and any reassurance.

Thanks very much!

[rayb]

Since your parents have been here for a while, there is no particular reason to expect any problems of "suspicion of misrepresentation" when submitting your parents' I-130 and I-485 packages.

--Ray B

Hi all.
First time poster here. Been scouring threads for answers but feel the need to ask specifically because this is so nuanced.

I became a US citizen in 2013, through marriage. My parents recently sailed here to the US on their sailboat (from Europe via the Caribbean). They had initially planned on visiting us in Florida for a few months over the hurricane season and then heading back to the Caribbean to cruise around, so they applied for a B1 B2 visa, and entered using that visa about two months ago.
They currently have about 4 more months on the B1 B2.

After being here for a couple months and after much talking we are entertaining the idea of having them live with us full time. We have two young children and I recently started a small business, and its incredibly helpful to have family living with us. They have also become very attached to the grand kids and prefer the idea of being here to being in the Caribbean.

So after some research I found out about the change of status (i485) and have been reading up on it a lot recently. The biggest concern we have is that USCIS might assume they entered whilst planning to immigrate (misrepresentation of intent?). We didn't even know this was an option when they entered, but how do we convince USCIS that this was the case?

Does anyone have any advice regarding this? Prior experience in similar circumstances?

So far we have downloaded and filled in for EACH parent:
G-325
i-130
i-485
i-693
i-765
i-864
i-864a

We're still getting all the supporting docs together, and looking into getting their medicals done.
Does it look like I'm missing anything?

I'd really appreciate any feedback regarding this process and any reassurance.

Thanks very much!

[stello]

Thanks. now an i94 question

Since your parents have been here for a while, there is no particular reason to expect any problems of "suspicion of misrepresentation" when submitting your parents' I-130 and I-485 packages.

--Ray B

Thanks Ray, that's what we're hoping. Regarding their i94's, they both arrived on the same day, but it seems a clerical/system error occurred, my mother's electronic i94 matches the arrival date stamp in her PP, but my father's is 10 days later. In other words, they arrived on the 14th and my mother's i94 reflects that, but my father's i94 says the 24th. When filling in the paperwork I'm assuming we should only put the date that is stamped in their passports, and possibly write up a short paragraph on a separate document stating that the date on my father's i94 is in error?

[rayb]

I would totally agree with that strategy.

--Ray B

Thanks Ray, that's what we're hoping. Regarding their i94's, they both arrived on the same day, but it seems a clerical/system error occurred, my mother's electronic i94 matches the arrival date stamp in her PP, but my father's is 10 days later. In other words, they arrived on the 14th and my mother's i94 reflects that, but my father's i94 says the 24th. When filling in the paperwork I'm assuming we should only put the date that is stamped in their passports, and possibly write up a short paragraph on a separate document stating that the date on my father's i94 is in error?

[stello]

Documents

In my list, do I seem to be missing any documents?
And is it worthwhile to just go ahead and have their medical paperwork done beforehand so it can all go in as one packet?

[MaryH]

Yes, have their medical done and send along in package.
The list appears to be ok. Good luck!!

[rayb]

The immigrant medical exam results, on form I-693 in a sealed envelope, must be in each packet. The two packets must be individually complete, but should be mailed together to USCIS.

--Ray B

In my list, do I seem to be missing any documents?
And is it worthwhile to just go ahead and have their medical paperwork done beforehand so it can all go in as one packet?

[stello]

Thanks

Thanks very much to the both of you! I really appreciate the prompt feedback!

[stello]

Form expiration dates

Some of the forms, although downloaded directly from the USCIS website links are dated 02/2015. Is it normal for them to be "old" or appear "expired"?

I'm guessing they're just updated from time to time and that date reflects when they were updated?

[rayb]

Forms from the USCIS website sometimes appear to be expired (by dates on forms), but read the fine print on the website regarding continued use of such forms until newer versions are available.

--Ray B

Some of the forms, although downloaded directly from the USCIS website links are dated 02/2015. Is it normal for them to be "old" or appear "expired"?

I'm guessing they're just updated from time to time and that date reflects when they were updated?