After FP, Do parents need to be here to get GC?

A

annahk

Registered Users (C)
I have a silly question, as a citizen myself, assume I file I-130, I-485, I-131 AOS concurrently for parents who are here with a visiting B2 visa,

after their finger print(assume not taking long after filing), can they go back home to wait for the GC instead of staying in the US (they have other business to take care of for a while)? How long does it usually take to get GC after FP? Is interview required for them? If need interview, can this be done at their original country?

The key point is they can only stay here for at most 2-3 months this time, which is probably only good for filing and FP done, what else do they need to do after FP?

Thanks a lot for your help.
 
Thanks. I don't want to go through CP as it take much longer. I just want to know for AOS, after FP, if everything goes smoothly, there is nothing for them to do but waiting. Am I right? If in case interview is needed, can the interview be done overseas or do they need to come here?

Pete023 said:
u can file while they're overseas and once its approved, they would come here..
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i think that if they were to go back after their FP and USCIS requires them to show up for interview (assuming you are doing AOS), then what visa will they use to come back to the US? Their B2 visa stamp? If so, they may be denied entry as B2 is for non-immigrant intent, and they clearly have immigrant intent as you have filed I130 and I485.

My 2 cents.
 
That is the exact question I asked an attorney today.

If your parents leave US with pending AOS Application, then the Application is abandoned.

They can only leave and come back on AP (I-131) and not on B1/B2.

Now the question is how long for the FP to come back, which basically means how long should the AP be valid, so they can come back to US for Interview.

As per my Attorney, you can apply for AP with multiple trips for 1 year validity.
 
No. They will be on AP. My plan is: I will apply I131 (AP) concurrently with I130 and I485. So they can come back on AP. With their 2-3 month stay, 90% chance they might already get FP done, Hopefully they will get AP too(so they can travel freely within a year(What is the chance to get AP within 2-3 months? anyone know?), if no interview needed, they don't have to come here in a hurry, they can arrange time based on their schedule.
(Of course, the best is during this period they can get GC, but the chance seems low, what is current timeline?)

Is this doable?

gambate said:
i think that if they were to go back after their FP and USCIS requires them to show up for interview (assuming you are doing AOS), then what visa will they use to come back to the US? Their B2 visa stamp? If so, they may be denied entry as B2 is for non-immigrant intent, and they clearly have immigrant intent as you have filed I130 and I485.

My 2 cents.
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