Green Card sponsor for mother, may return to India.

P

puneet_it

Registered Users (C)
Hi,
My mother is here in the US for a 6 months stay on a visitor visa which will expire on May 2nd. We are US citizens and want to sponsor her for a Green
Card. I have a few questions:

1) If i start the AOS process right now, then how long will the complete process take.

2) What is the total fees needed for this complete process

3) My mother is an Indian Citizen. If she needs to go back to India for some reason, then can this case be transferred over to the Delhi consulate to do Consular process for her.

She might have to return back to India during September 2008 and we are not sure how long the process will take.
 
A1: Should take around a year, going by national average
A2: It is close to $1300 I believe. A search on the forum will get you the exact amount.
A3: If she leaves after applying for AOS she has two options. Either leave for India after successfully obtaining an AP document, or abandon her AOS and start the CP route.
 
Triple Citizen said:
A3: If she leaves after applying for AOS she has two options. Either leave for India after successfully obtaining an AP document, or abandon her AOS and start the CP route.
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Thanks a lot for your answer. For this option if she abandons AOS to start CP in India. Could this impact her CP case negatively for future..

If she leaves on AP and cannot come back..Can she then start CP back in India at a later time..
 
Triple Citizen said:
Abandoning her AOS will not impact her negatively, it will just be a waste of money and time.
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One possible negative of abandoning the AOS would be that she might have a hard time being allowed to reenter the US on a visitor visa prior to her DS-230 immigrant visa being approved.

An alternative might be to file for I-485 now, and also file I-131 for AP so that she can travel while waiting on AOS.
 
Triple Citizen said:
A1: Should take around a year, going by national average
A2: It is close to $1300 I believe. A search on the forum will get you the exact amount.
Click to expand...
WHere could I find a breakdown of the exact fee structure..

Secondly is there a website to see the current processing times for AOS and CP.
 
austriacus said:
Well, it's true that it's all right there, right!

But since I'm having a good day I'll spare the OP a search around the USCIS site ... (although he should familiarize himself with it!).

Breakdown of the exact fee structure
Processing times
Click to expand...

Thanks a lot. So a family based 485 will go to local Chicago Center. or will it go to Nebraska Center.

Also Can i file I 130 and I 485 concurrently together to Chicago Center.
 
If you file concurrently, you have to file at the Chicago Lockbox, as the instructions state.
 
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Don't put too much faith in the quoted processing times. They weren't correct for anything I ever did with USCIS, and I doubt they are any better now.
 
boatbod said:
Don't put too much faith in the quoted processing times. They weren't correct for anything I ever did with USCIS, and I doubt they are any better now.
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1) I am still trying to figure out the process. Where am I eligible to file for her GC. Is it Nebraska Center or just the local Chicago office. We live in a Chicago suburb.

2) Also if we file form I 130 first and dont complete the whole process, then will she be allowed to go back to India and restart consular processing.

We need her to stay with us here for next 1 year. After that she wants to return to India. That is why I am trying to figure out the best strategy. Her tourist visa will expire in May. And I dont think these days extension is possible. So we are thinking to just file for her Green Card since she is eligible. If it is completed then fine. Otherwise we resume it via CP back in India.

Is there any other option that I can try. Like maybe go to Canada and then she can get another 6 mths extension during reenter. But that maybe risky for here so therefore we are not sure what other approach to try.
 
If you have a year available, probably the best route is to file I-130 + I-485 together. It should be possible for AOS to be completed within the timeframe, plus, your mother would still be in-status (parolee) while waiting for the GC. The downside is that she would need to remain in the US throughout the process, although she could request a travel document (AP) for temporary trips abroad.

If you only file I-130 and opt for CP, your mother will have to leave the country once her current visitor visa expires, and wait for the DS-230 to be issued in India. It may be possible to apply for a one-time extension of the visitor visa, but most likely USCIS would not grant that after an I-130 had been filed on her behalf.
 
boatbod said:
If you have a year available, probably the best route is to file I-130 + I-485 together. It should be possible for AOS to be completed within the timeframe, plus, your mother would still be in-status (parolee) while waiting for the GC. The downside is that she would need to remain in the US throughout the process, although she could request a travel document (AP) for temporary trips abroad.

If you only file I-130 and opt for CP, your mother will have to leave the country once her current visitor visa expires, and wait for the DS-230 to be issued in India. It may be possible to apply for a one-time extension of the visitor visa, but most likely USCIS would not grant that after an I-130 had been filed on her behalf.
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Thanks and this is really very informational for me. If I file I-130 around May (when her visa is expiring) and assuming it takes 3-6 mths to get approved. In that case will she be considered in status here in the USA ?

At that time we can decide if she wants to stay on or just leave the USA and start consular processing.

The problem with GC is that she will have to come here every 6 mths. She does not want to do that all time and is happy with the current tourist visa. But for important personal reasons she wants to stay on in USA for another 6 mths just this one time. So we are in dilemma of what to do.

She has valid 10 yr visa but the current I-94 expire date is May...Any other ideas or suggestions will be depply appreciated.
 
puneet_it said:
The problem with GC is that she will have to come here every 6 mths. She does not want to do that all time and is happy with the current tourist visa. But for important personal reasons she wants to stay on in USA for another 6 mths just this one time. So we are in dilemma of what to do.
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Then she should NOT apply for a GC, and should focus on extending her stay.
 
TheRealCanadian said:
Then she should NOT apply for a GC, and should focus on extending her stay.
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I am thinking USCIS will not extend tourist visa just for personal reasons. Technically how soon can she be allowed to come back in to USA after leaving the country in May.
 
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TheRealCanadian said:
Then she should NOT apply for a GC, and should focus on extending her stay.
Click to expand...

Thats pretty much what I was thinking.

It it usually possible to get a one time 6 month extension to a tourist visa (up to 1yr total visit time), however there are important 'unknowns' in the equation.
- will USCIS grant the extension or not?
- what happens if they don't? (I think that usually results in the person being out of status from whenever their original I-94 expired)
- what are the long term implications to the original B1/B2 visa?

Becoming a LPR also has implications:
- you are supposed to be primarily resident in the US
- no single absence longer than 1 yr without a reentry permit (allowing a maximum of 2yrs outside the US)
- you must file tax returns with the IRS and pay tax on your worldwide income.
- significant expense associated with obtaining a GC, either via AOS or CP.
 
boatbod said:
Thats pretty much what I was thinking.

It it usually possible to get a one time 6 month extension to a tourist visa (up to 1yr total visit time), however there are important 'unknowns' in the equation.
- will USCIS grant the extension or not?
- what happens if they don't? (I think that usually results in the person being out of status from whenever their original I-94 expired)
- what are the long term implications to the original B1/B2 visa?

Becoming a LPR also has implications:
- you are supposed to be primarily resident in the US
- no single absence longer than 1 yr without a reentry permit (allowing a maximum of 2yrs outside the US)
- you must file tax returns with the IRS and pay tax on your worldwide income.
- significant expense associated with obtaining a GC, either via AOS or CP.
Click to expand...

Exactly. That has been our dilemma. Which way should we go. She does not want to stay here forever. But we do need her here till Nov 08...I am just not sure how to approach the extension as the reasons are not good enough. USCIS will say that 6 mths was more than enough for any kind of tourism...

Need to figure out how to approach this scenario and the best possibly solution.:confused:
 
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