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Filing I-130 in the United States.

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  • Filing I-130 in the United States.

    Hey guys,

    Me and my family have a 5 year multiple tourist visitor visa. My brother in USA has become a U.S Citizen. Should he file petition of me and my parents while we are here in our home country or should we go to the US and file petition(I-130) together with I-485.

    Some one told me that I-485 can only be filed for immediate relatives(parents in this case) and my I-485 will be denied??

    Considering that and me and my parents go to the US and file the both forms, would we have to wait or can we come back to our country after filing the petition?
    Also, after filing petiton does the tourist visa stands cancelled?

    Any help would be highly appreciated.

  • #2
    Your brother can file your I-130, whether you are in the US or in your home country.

    However, you can not file I-485 unless the priority date is current, which will be about 12 years later. Until then, you would have to wait back in your home country. When the priority date is current, you can also go for immigrant visa in your home country.
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    • #3
      Thanks for the reply.

      Another thing i have in mind is that assume my parents go to the US on visitor visa and apply for I-130 and I-485 together, would they have to wait for both the forms to get accepted/approved in the US or can they come back to home country?

      Also, after filing the I-130 does my existing 5 year multiple visitor visa stands cancelled?

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      • #4
        Do I have to file i-864 along with I-130?

        Hello, I am new to the forum, I am a US Citizen filing I-130 Petition for my mom who is in India currently. Wondering do I have to file I-864 (Affidavit of Support). So far I have prepared:
        I-130
        G-1145
        Petitioner's Proof of US Citizenship
        Beneficiary's Indian Passport
        Petitioner's birth certificate.

        Regards,
        Rama

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