To file I-485 or not - Please Help

[pratikf]

Hi,

I am going to become a US citizen this year, hopefully by October. I am finishing 5 years as a green card holder in July, so by October-November, I should be a citizen.

Once I am a citizen, I am going to file I-130 for my mother, which I will do right away once I get my citizenship.

Now my mom currently has a 10-year multiple tourist visa (B2), and she visits me frequently; she's in US for 6 out of 12 months. This year, she is planning to visit from May to November.

Now here is my question: If I file I-130 in October/November, does it make sense to file I-485 at the same time? Or should she stay in India after November, and get her green-card-visa-processing done while in India? Or can she travel back in 2-3 months (Feb 2011), and file I-485 afterwards, hoping I-130 might get approved by then?

I need to decide this prior to filing I-130 as well, since there is a question related to this in I-130.

Also, does it make sense to file I-539 extension of stay, to ensure that she is in US for all processing time, upto, say April 2011? I don't have a really good reason for an extension, but I can say that she's staying at other relative's place in India (which is true).

Sorry for the long post, and thanks in advance for helping!
-Pratik

[immihelp]

1. You can do either I-485 or consular processing. It does not matter.
2. Once you file I-485, she is in legal status and visitors visa extension is not required.
3. However, before you sponsor her, make sure to read https://www.insubuy.com/new-immigrant-insurance/-plans/ By the time they realize this, it is too late.

[pratikf]

Thanks for the response. So should I file I-485 AFTER my I-130 is approved? How long does it usually take for I-130 to get approved? And also, how long does it take for I-485 to get approved after that?

My concern is for how long is the 'legal status' under I-485 valid? Is it similar to I-539 where they provide a new I-94? Or is it 6 months? Or is it unlimited, until a decision is reached? i.e. receiving rejection or a green card approval?

Also, how long/short does it take if I do concurrent filing? Is it more beneficial than filing I-485 separately?

Thanks again. This site is really helpful.