Ideal wait time before applying i130

[avi988]

Hello,

My mother is already in the US on visitor visa. I would like to apply green card for her while she is still in US (so that I can file 485 together). I read in forums that we need to wait for sometime before we can apply to ensure the USCIS doesn't think she entered the US with immigration intent. What should be the ideal wait time? Its been 3 months since she entered US.

Has anybody done this recently? Could you please share your comments?

Thanks,
Avi

[JunkMart]

There is no need to wait. You are probably thinking about the DOS 90-day rule, but USCIS rarely applies that rule, if ever, and the DOS rule is specific to marriage to a USC/LPR, not to a parent. Best to apply right away so that you get your receipts prior to your mother's I-94 expiring.