Green card for parents visiting - they leave in a month

[Knarayan]

Hello, there. Long time lurker, first time poster.

I am a U.S. citizen and my parents are currently in the U.S. visiting us. Their departure date is Aug 1, 2015.

I am interested in filing for their green card.

My three options are as follows:

1. Apply for I-130 now and then wait for I-485 after they return back to India
2. Apply for both I-130 and I-485 now together, and play by ear
3. Apply for an extension on their visitor visa and apply for I-130 and I-485 together

This is also complicated by the fact that their passports expire in Feb 2016, so they need a new passport.

Therefore, I was thinking of filing for I-130 now, let them return to India, get a new passport, and then file for I-485.

Any thoughts/pointers on ideal options would be much appreciated. Thanks!

[BombayParents]

Green cards for parents visiting

The last option of applying for I130, letting them return and applying for I485 does NOT arise. I485 is to be used only when they are in USA. Once they return, even after approval of I130, the procedure is different. You go through Consular Processing involving DS260 filing with National Visa Center and other associted filings.

If they stay back and if you apply for I130 and I485 concurrently, then I94 extension is automatic. But the officer may raise a fubdamental question whether their original entry to USA was legal. Was there any pre meditated intention ? Why this was not disclosed at the port of entry ? All these inconvenient questions may be asked and you should be able to prove satisfactorily.

Consular Processing is clean and straight forward.