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  • Filing I-130

    I would like to file I-130 for my prents. But I am not sure if
    1). I can file only in the state where I am residing at present or can I file anywhere in US?...
    2). Also I am thinking about filing visitor visa application first and have my parents take visitor visa first and then file I-130 also before they visit US. Can I do that?...
    3). If yes, if I-130 gets approved while they are in US, can I file I-485 while they are here in US?..
    4). Can they change their status as permanent resident while they are in US?..

    I would appreciate any assistance provided. Thank you very much.

  • #2
    1. Look at https://www.immihelp.com/family-base...on-procedures/

    You can't file anywhere.

    2. You can do that.

    3. Yes.

    4. Yes. This is same as question 3.
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    • #3
      Filing I-130, Fingerprinting and I-485

      Thank you for the response earlier. I have some more questions and really appreciate any assistance provided.

      1). I was reading application procedure for Family based immigration. I understood that I have to file I-485 alongwith I-130. Is that right?..

      2). Does everyone applying for family based immigration need to get their finger prints taken?.. If, yes, what form do I need to fill?... or it is only limited to people applying from certain country?..

      3). Once my parents get their visitor visa, before they arrive in US if, I apply for family based immigration, when they arrive at US airport, is there any chance that they may not get 6 months time to stay here in US?... just because I have filed I-130 for them?..

      4). If my parents are already here in US, how would they get informed if their application gets approved for Family based immigration?.. Do they inform me here in US also?.. If yes, how soon I can file I-485 for them after I get the notice of approval of my I-130?...

      5). Do I need to wait to file I-485 until my parents receive a letter from US Consulate General to go for interview?..

      So if it is little confusing, since I have more than one question in each one.

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      • #4
        1. Yes, I-485 and I-130 can be filed together if they are in US.

        2. Once they receive I-485 application, after some time, they will send fingerprint appointment letter. Read https://www.immihelp.com/fingerprint...d-citizenship/

        3. Possible.

        4. They will get approval notice in the mail.

        5. I am not sure I understand this question. If they are in US they do I-485 processing. If they are outside US, they do consular processing. No body needs to do both.

        https://www.immihelp.com/i-485-adjus...tus/index.html

        /usa-immigrant-visa-process/
        Immihelp Support
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        • #5
          Filing I-130

          Thank you very much for a quick response.

          If, I apply for Family based immigration for my parents while they are in US, can they stay here in US after their authorized stay on visitor visa without applying for extension, since I-130 is filed and we are just waiting for approval?...

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          • #6
            They can't stay while waiting for I-130. They can stay here while waiting for I-485.

            And you can file I-130 and I-485 together for parents. While waiting for I-485, they don't need to extend their visitor visa. Before I-485 gets approved, if they want to leave US, they will need Advance Parole to enter US again.
            Immihelp Support
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            Visitor Medical Insurance for your visiting relatives.

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            • #7
              Filing I-130 and I-485

              Thank you again for quick response. I greatly appreciate the help I am getting here.

              So, it is recommended to file I-130 and I 485 together and then my parents can stay here in US after their authorized stay under visitor's visa, waiting for I-130 and I-485 to get approved. OR atleat I-130 has to be approved for them to stay here waiting for approval of I-485.

              How long does it take usually for I-130 and I-485 to get approved?...

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              • #8
                1. They can stay as long as I-485 is filed. It does not matter whether I-130 is approved or not.

                2. Look at http://www.immihelp.com/timings/processing-timings.html for processing timings.
                Immihelp Support
                No legal advice. Use at your own risk.

                Visa and Greencard Tracker

                Visitor Medical Insurance for your visiting relatives.

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                • #9
                  Does i-130& I-485 application get denied if filed while mom is in US on visitor visa?

                  Does i-130& I-485 application get denied if filed while mom is in US on visitor's visa for about a month- does this fall under visa fraud?
                  I am a US citizen. My mom came to US on Mar 7th 2014 on visitor's visa. After about a month, on April 9th 2014, I filed for her I-130 and I-485. Filing just after 1 month causes denial due to visa fraud? as the original intent of visitor's visa is to return to homeland..? Please advise.

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                  • #10
                    I have a tourist visa is it possible to comeback again here if i went back to my homeland but i do fingerprint because i worked in California as a part time caregiver during may given days?if i will comeback here next year or 2016,is my fingerprint as caregiver will be seen in the immigration?

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