Any issue to file I-130 for parents before their US visit? File AOS once they are here?

[FNU0]

I want to file I-130 for parents. Considering that it takes 5-8 months to approve, I was wondering if I can file it a couple months before their travel to US on their existing visitor visa.

- Will a pending I-130 be detected by customs at the arrival in US and will this cause any issues for their entry?
- Once they are here, can I change it to do AOS instead of CP (by default since while filing I-130, they are not
here, so I'm giving Foreign address)
- or is it advisable to wait until they are in US and then file I-130/AOS together? If yes, then how long after
their entry into US, should this be filed?
- Once they have filed I-130/AOS, but is pending approval, what if their I-94 expires in 6 months and the I-
130/AOS hasn't come? Can they stay in US or must travel back?

Thanks in Advance.

 

[newacct]

- Will a pending I-130 be detected by customs at the arrival in US and will this cause any issues for their entry?

Yes, quite probably.

- Once they are here, can I change it to do AOS instead of CP (by default since while filing I-130, they are not
here, so I'm giving Foreign address)

They would not "change it" -- they would just file AOS. However, entering on a visitor visa with preconceived intent to file AOS while here is visa fraud. And the fact that you're asking this now means there is preconceived intent.

- or is it advisable to wait until they are in US and then file I-130/AOS together? If yes, then how long after
their entry into US, should this be filed?

You can do that too. If they will do AOS then they might as well file concurrently, since there is no benefit to filing I-130 first. But again, to have preconceived intent to do this at the time the enter is visa fraud. Waiting to file doesn't change that; it just makes it less likely to be suspected.

- Once they have filed I-130/AOS, but is pending approval, what if their I-94 expires in 6 months and the I-
130/AOS hasn't come? Can they stay in US or must travel back?

Someone with pending AOS can stay in the U.S. without status. They must not leave the U.S. unless they have an approved Advance Parole or green card.

 

[FNU0]

Well, I am just trying to understand the rules here. Since it's taking up to 8 months, I was confused how they can stay if at all they file while here. But it clarified a couple items, it'd be ok for them to file I-130 and AOS together if they decide and with a pending AOS, it wouldn't be an issue to stay even if i94 expired. Thanks for the clarification.

qq: Which of the two is a better method process and timeline wise? AOS or CP from India?