Concurrent I-130 & I-485 for US Citizen's daughter

[funzine]

Hi,

1> My dad is a US Citizen and he is my sponsor.
2> I am over 21 & Married.
3> I am in US on Non-immigrant (H4) visa.
Can he fill I-130 & I-485 (AOS) concurrently for me?

If yes, what are the advantages of it? And what would be the risk factors?
What would be approximate timeline?

Thanks in advance for your help and guidance.

- Funzine

[kittenKat]

No he can't. He can only file 130, and then you have to wait till your PD will be current (it's FB 3rd category, I believe year of 2000 now or something, so like 8 years of waiting) before filing 485.

[Jackolantern]

And because you are not eligible to file the I-485 for years, you will have to leave the US when your H4 expires, unless you can extend it or get another visa. So the I-130 should request consular processing, as it is unlikely you will be able to stay legally for that many years.

[NIW06]

Originally Posted by kittenKat

No he can't. He can only file 130, and then you have to wait till your PD will be current (it's FB 3rd category, I believe year of 2000 now or something, so like 8 years of waiting) before filing 485.

Unless the OP is from Mexico or Philippines. Then it's more like 18 or 19 years of waiting.

[kittenKat]

Originally Posted by NIW06

Unless the OP is from Mexico or Philippines. Then it's more like 18 or 19 years of waiting.

Oh, boy! You are right! Those are even worse!

[funzine]

Thanks for the immediate responses.

I thought I-130 gets approved in 2 yrs and we have to wait for 4-6 yrs for VISA Number due to limited number of Visa numbers per year.

So the question now is:-
If I am already in USA, should I still wait for VISA Number?
Or if I have filled I-485 concurrently, I will be able to get GC in 2 yrs, when my I-130 is approved and I receive Case number from NVC?
And I am from India.

Thanks in advance for your replies.