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File I-130 and I-485 together or separately?

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  • File I-130 and I-485 together or separately?

    Hello

    I am a USC planning to apply for green card for my parents who live in India. Currently they are planning to visit me in USA in October (they have tourist visa) for about 6 months and my plan is to apply for I-130 while they are here and I-485 to adjust the status. My questions is

    1. Should I apply for I-130 and 485 concurrently the day they get there? They are planning to stay here for 6 months and hopefully they get their GC in that time frame?
    2. Can I apply for I-130 few months ahead (say in August) and I-485 after they get here so we have a bit more time to make sure they get there GC in 6 months?

    Thanks

  • #2
    Your relatives are living abroad. They havnt stablished residence in the US. So you have to do 130 first. They dont qualify for adjustment of status because they don't live in this country. Its a different way that it has to be done. Got to the immigration website and see how to get a green card from out of the US

    - - - Updated - - -

    Originally posted by NoeliaGomez View Post
    Your relatives are living abroad. They havnt stablished residence in the US. So you have to do 130 first. They dont qualify for adjustment of status because they don't live in this country. Its a different way that it has to be done. Got to the immigration website and see how to get a green card from out of the US

    You may send 130 whenever you want

    Comment


    • #3
      They should not enter on a visitor visa with intention of doing I-485 while here. They will likely be denied entry. The appropriate route is for them to do Consular Processing in India. That process does not involve I-485 at all, which is to apply for Adjustment of Status.

      If they manage to make it into the US and didn't lie, they can file I-130 and I-485 together for Adjustment of Status. They don't have to get it in 6 months or any amount of time; they can stay in the US for as long as it is pending.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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