Tweet
I am an USC and I filed an I-130 petition for my father in April. In May he entered the US to visit me using the Visa Waiver Program, and now he wants to stay in the US. The I-130 has not been approved yet, but once it is approved a visa number will be automatically available.
1) Can my father submit the I-485 application now, or must he wait for the I-130 to be approved first?
(Waiting to file the I-485 is not a real option because his I-94W is valid for only 90 days.)
2) Can I include a copy of the pending I-130 with the I-485 or would it be better to file a brand new I-130 together with the I-485? Would filing a duplicate I-130 cause any problems?
3) Is it likely that my father would be accused of visa fraud since he entered the US using the Visa Waiver Program two weeks after I filed the I-130 petition?
Thanks
1) Can my father submit the I-485 application now, or must he wait for the I-130 to be approved first?
(Waiting to file the I-485 is not a real option because his I-94W is valid for only 90 days.)
2) Can I include a copy of the pending I-130 with the I-485 or would it be better to file a brand new I-130 together with the I-485? Would filing a duplicate I-130 cause any problems?
3) Is it likely that my father would be accused of visa fraud since he entered the US using the Visa Waiver Program two weeks after I filed the I-130 petition?
Thanks
