Adjusting Status - I-485

[forellana77]

Hi Community:

My wife US citizen is going to apply for an adjusting of status and the i-130 for her father. Her father came to US on 12/15/2017 under the Free Waiver Program ESTA. ESTA allows my father-in-law to be here legally in US for 3 months.
1. I heard that we need to submit the i-130 first, then after we get approved we can continue with the submission of the i-485. Is this correct?
2. Can we apply for the i-912 to eliminate the fees of the i-485?

Thank you so much

Franky

[scientist2016]

Hi Community:

My wife is going to apply for an adjusting of status and the i-130 for her father. Her father came to US on 12/15/2017 under the Free Waiver Program ESTA. ESTA allows my father-in-law to be here legally in US for 3 months.
1. I heard that we need to submit the i-130 first, then after we get approved we can continue with the submission of the i-485. Is this correct?
2. Can we apply for the i-912 to eliminate the fees of the i-485?

Thank you so much

Franky

If your wife is a US citizen, then her father's category is current. Hence you can apply I130 & I485 concurrently. Doing so would shorten the time for getting the GC and also allows him to work and travel (you can apply for EAD and AP for free along with the I485).

[forellana77]

If your wife is a US citizen, then her father's category is current. Hence you can apply I130 & I485 concurrently. Doing so would shorten the time for getting the GC and also allows him to work and travel (you can apply for EAD and AP for free along with the I485).

Thank you scientist2016 !

In this case, do you know if we could try to apply for the i-912? if it is denied, do they send back to me the whole package (i-130, i-485) which will delay the process?

Best,

Franky

[newacct]

Thank you scientist2016 !

In this case, do you know if we could try to apply for the i-912? if it is denied, do they send back to me the whole package (i-130, i-485) which will delay the process?

Best,

Franky

His category is not eligible for a fee waiver for I-485.