Help, unclear about Concurrent filing of i130 + i485

[taahaa]

Hi Everyone!

I hope that you all are doing well. I am a bit confused on a something my lawyer said. So I m hoping that you guys would be able to shed some light on it.

My mother got her green card in the mail, over the weekend. I am planning on filing i130 + i485 for my 2 siblings (10 and 19 years old), but I am going to get my mother to do it, since they would fall under the immediate relative category and the process might be slightly quicker. My reason for filing concurrently is that the siblings are immediate relative and are already in the US. However the lawyer told me that first file the i130 and when its approved you get a visa number THEN file i485. Any suggestions guys please?

Thank You
-Taahaa

[DreamBigg]

I don?t think your siblings fit in the immediate relatives category.

There are only a few immediate relative categories available. They are reserved for the spouse, unmarried children and parents of U.S. citizens. The specific categories are:

Spouse of a U.S. citizen

Unmarried child (under 21 years of age) of a U.S. citizen

Orphan adopted abroad by a U.S. citizen

Orphan to be adopted in the United States by a U.S. citizen

Parent of a U.S. citizen (who is at least 21 years old)

If you do not fit one of these categories, you may fit into the family preference categories.

[taahaa]

What if the person is Permanent Card Holder

Hi!

Thank you for taking the time out to reply.

My mother has a green card, so she is a permanent resident. If she petitions for her children (which are my siblings). Would they not fall under the immediate relative category?

Thank You

[azblk]

Hi Everyone!

I hope that you all are doing well. I am a bit confused on a something my lawyer said. So I m hoping that you guys would be able to shed some light on it.

My mother got her green card in the mail, over the weekend. I am planning on filing i130 + i485 for my 2 siblings (10 and 19 years old), but I am going to get my mother to do it, since they would fall under the immediate relative category and the process might be slightly quicker. My reason for filing concurrently is that the siblings are immediate relative and are already in the US. However the lawyer told me that first file the i130 and when its approved you get a visa number THEN file i485. Any suggestions guys please?

Thank You
-Taahaa

How are your siblings in the US? what visa or status? Your mother can file i-130 for them but not i-485 until their priority current ( roughly 2 years). If they are out of status at that time they will not be able to adjust status under current law. This is particularly important for the 19 year old because they are accumulating unlawful presence if they have no status in the US.

[azblk]

Hi!

Thank you for taking the time out to reply.

My mother has a green card, so she is a permanent resident. If she petitions for her children (which are my siblings). Would they not fall under the immediate relative category?

Thank You

there is no immediate relative of a green card holder category.

[taahaa]

How are your siblings in the US? what visa or status? Your mother can file i-130 for them but not i-485 until their priority current ( roughly 2 years). If they are out of status at that time they will not be able to adjust status under current law. This is particularly important for the 19 year old because they are accumulating unlawful presence if they have no status in the US.

Hi, so they are in US on Visit Visa for the time being, I m in works of filing an extension for them so that they can remain in status. So I take it that my siblings will not be considered immediate relative because of my mother has a green card. So what would you suggest to me?

Thank You

[azblk]

Hi, so they are in US on Visit Visa for the time being, I m in works of filing an extension for them so that they can remain in status. So I take it that my siblings will not be considered immediate relative because of my mother has a green card. So what would you suggest to me?

Thank You

Unless they can get a student visa or another long term visa, your siblings (atleast the 19 year old) will have to leave the country and do consular processing when their priority dates are current.

[scientist2016]

Hi, so they are in US on Visit Visa for the time being, I m in works of filing an extension for them so that they can remain in status. So I take it that my siblings will not be considered immediate relative because of my mother has a green card. So what would you suggest to me?

Thank You

If they are on avisitor visa, even if their extension is accepted, they will not be in status 2 yrs. from now when their PD is expected to become current. So, file I130. Depending on how things turn out 2 yrs. from now, they can file I485 or do consular processing.

[azblk]

If they are on avisitor visa, even if their extension is accepted, they will not be in status 2 yrs. from now when their PD is expected to become current. So, file I130. Depending on how things turn out 2 yrs. from now, they can file I485 or do consular processing.

The 19 year old wont be able to do consular processing due to unlawful presence bars.

[taahaa]

Hi, so most of my information is coming from this page: https://www.uscis.gov/family/family-...nent-residents

My understanding is that my mother files the i130 for them and then as soon as a visa number is available, file the i485. (Will try to keep on applying of extensions until I am able to file the i485.) And the siblings would fall under the First Preference category.

that is correct right?

[azblk]

Hi, so most of my information is coming from this page: https://www.uscis.gov/family/family-...nent-residents

My understanding is that my mother files the i130 for them and then as soon as a visa number is available, file the i485. (Will try to keep on applying of extensions until I am able to file the i485.) And the siblings would fall under the First Preference category.

that is correct right?

You will NOT get extensions for 2 years. At most you will get one extension and then they will not approve another extension. B1/B2 visitor visa is not meant for living in the US, it is just for temporary visits. Really your only viable path is to try and get student visas but even that does not look good because as your siblings can not show ties to your homeland.

[newacct]

Hi, so most of my information is coming from this page: https://www.uscis.gov/family/family-...nent-residents

My understanding is that my mother files the i130 for them and then as soon as a visa number is available, file the i485. (Will try to keep on applying of extensions until I am able to file the i485.) And the siblings would fall under the First Preference category.

that is correct right?

They would be in the F2A category. If one of them goes over 21 (it's a little more complicated due to CSPA), they would go into the F2B category. They would be able to file I-485 when a visa number becomes available, if they are in the US and in status at that time.

Filing B2 extensions of status would require lying, because for a B2 extension of status, you have to attach an explanation of why your stay will be temporary, and they do not intend to stay temporarily.

[kelkashel]

Concurrent filing - newbie

Hi everyone. I am new to all of this so please bear with me.

I am a wife to a US citizen (US born). Currently he is living with me on a temporary permanent visa in Australia (we have already been through a visa process for my husband to get into Australia). I am a UK citizen. Our circumstances have changed and we are now needing to move to the US (Tennessee) to be family. We married in TN on December 3, 2016 and have been living in Australia since.

My question: we intend to move to US in January 2019 (at that time having been married for 2 years). I will go over on a visitor visa and once in US we will do concurrent filing of i-130 and 1-485 (and any other that we need to do) along with my daughter (husbands stepchild). Is this doable?

Many thanks

Kelly

[taahaa]

Hi everyone. I am new to all of this so please bear with me.

I am a wife to a US citizen (US born). Currently he is living with me on a temporary permanent visa in Australia (we have already been through a visa process for my husband to get into Australia). I am a UK citizen. Our circumstances have changed and we are now needing to move to the US (Tennessee) to be family. We married in TN on December 3, 2016 and have been living in Australia since.

My question: we intend to move to US in January 2019 (at that time having been married for 2 years). I will go over on a visitor visa and once in US we will do concurrent filing of i-130 and 1-485 (and any other that we need to do) along with my daughter (husbands stepchild). Is this doable?

Many thanks

Kelly

Hi-

Sorry for not checking this page earlier. You should posted a new question. Hopefully you will see this again. Anyways that is totally doable, however your husband would need to show he can support you. I am assuming that He would be the one petitioning for you. Other than that his taxes would, but you could figure a way around it. I think

[Houston2016]

Hi-
... Anyways that is totally doable, however your husband would need to show he can support you. I am assuming that He would be the one petitioning for you. Other than that his taxes would, but you could figure a way around it. I think

No. That is not an ideal situation.
Going to US on visa vawer (for UK citizens) or on visit visa B1/B2 means , you have plans to leave US with in 180 days, not to apply for AOS.
I would suggest apply for GC in local embassy could be in Australia as you have there resident status or in UK. Quit often it is much quicker process then AOS while in US.
Also, your husband could call consulat on number for US citizens or just go to embassy without appointment, you can go with him too, and ask what the best way to move to US with the family.

That what i did when i decide to move to US after being married to US citizen and being expat with him for a while. The process was very easy and painless. I didn't need to present all evidence of bona fide marriage, because our married was more than 2 years and we already had a child together while leaving together oversees. Basically, I showed up in the embassy with passport of my child, who is a born USC, asked what i need to do to move to US, they gave me all needed forms and explained what i need for supporting documents, then i scheduled appointment for interview and that it, all it took not more than 1 month. It was in 2009.