Applying for mother's green card

[eternal_labor]

Hi all,

My mother has a 10 year Visitor's Visa that is valid until June 2012. She is currently in India.

I am planning on bringing her here to live with me, so want to apply for her Green Card.

She is currently busy in Indai and will not be able to come to the US until February of 2012. I am unable to decide whether to apply for the renewal of Visitor's Visa or to apply for the Green Card.

Is it necessary that the person be physically present in the US to apply for I-130 and subsequently ?

From what I understand, a person needs to be physically present in the US for Adjustment of Status (AOS). In light of saving time, is it better to apply for I-130 first and then apply for Adjustment of Status when she is physically present in the US?

Are there any advantages of concurrent filing (I-130 & I-485 at the same time)? Is it better to wait until Feb, 2012 when she is physically present in the US to concurrently file for I-130 & I-485?

In the meantime should I apply for the renewal of her US Visitor's Visa? I am travelling to India in the first week of Oct and was thinking I could work on the paperwork and submit it while I am India, if the renewal will be needed.

Thank you for your time.

Best Regards

 

[Triple Citizen]

Since there is declared intent to immigrate, go down the CP route. Do not consider AOS as an option.

Hi all,

My mother has a 10 year Visitor's Visa that is valid until June 2012. She is currently in India.

I am planning on bringing her here to live with me, so want to apply for her Green Card.

She is currently busy in Indai and will not be able to come to the US until February of 2012. I am unable to decide whether to apply for the renewal of Visitor's Visa or to apply for the Green Card.

Is it necessary that the person be physically present in the US to apply for I-130 and subsequently ?

From what I understand, a person needs to be physically present in the US for Adjustment of Status (AOS). In light of saving time, is it better to apply for I-130 first and then apply for Adjustment of Status when she is physically present in the US?

Are there any advantages of concurrent filing (I-130 & I-485 at the same time)? Is it better to wait until Feb, 2012 when she is physically present in the US to concurrently file for I-130 & I-485?

In the meantime should I apply for the renewal of her US Visitor's Visa? I am travelling to India in the first week of Oct and was thinking I could work on the paperwork and submit it while I am India, if the renewal will be needed.

Thank you for your time.

Best Regards

 

[Jackolantern]

She is currently busy in Indai and will not be able to come to the US until February of 2012. I am unable to decide whether to apply for the renewal of Visitor's Visa or to apply for the Green Card.

Is it necessary that the person be physically present in the US to apply for I-130 and subsequently ?

The immigrant must be in the US to file I-485, but can be anywhere when the I-130 is filed.

From what I understand, a person needs to be physically present in the US for Adjustment of Status (AOS). In light of saving time, is it better to apply for I-130 first and then apply for Adjustment of Status when she is physically present in the US?

In her case it is better to pursue immigration through the US consulate in India, instead of AOS in the US. She is not supposed to enter with a tourist visa while having the intent to pursue AOS.

If you file I-130 right now with the consular processing option selected for question 22, she should get a consular interview early to middle of 2012. After approval at the consulate, she'll get an immigrant visa; upon admission to the US with the immigrant visa she'll become a permanent resident and the green card will automatically be delivered within a few weeks after her entry.

 

[eternal_labor]

The immigrant must be in the US to file I-485, but can be anywhere when the I-130 is filed.



In her case it is better to pursue immigration through the US consulate in India, instead of AOS in the US. She is not supposed to enter with a tourist visa while having the intent to pursue AOS.

If you file I-130 right now with the consular processing option selected for question 22, she should get a consular interview early to middle of 2012. After approval at the consulate, she'll get an immigrant visa; upon admission to the US with the immigrant visa she'll become a permanent resident and the green card will automatically be delivered within a few weeks after her entry.

Thanks for the information.

Does the consular processing option take longer than AOS ?

If so, how much longer does one take over the other?

Regards

 

[Jackolantern]

Thanks for the information.

Does the consular processing option take longer than AOS ?

If so, how much longer does one take over the other?

Regards

AOS generally takes about 3-6 months while CP takes approx. 6-12 months.

But CP probably will be faster for her since you can file the petition with the CP option right now, whereas you have to wait until she is in the US in Feb 2012 to file for AOS.

 

[a_v1]

Similar Question:

My mother has a 10 year Visitor visa and she is in India now. Can I apply for her AOS as soon as she come to USA next time or should I wait few weeks/months to show the trip is not intended for AOS purpose?

She can understand English and not good in speaking. Is there any difference between AOS/CP interviews? Which one is more easier?

 

[Triple Citizen]

You have declared pre-conceived intent. You should only consider CP for your mother..

My mother has a 10 year Visitor visa and she is in India now. Can I apply for her AOS as soon as she come to USA next time or should I wait few weeks/months to show the trip is not intended for AOS purpose?

 

[bigbull99]

Green Card For MOM

Thanks for the information.

Does the consular processing option take longer than AOS ?

If so, how much longer does one take over the other?

Regards[/

Hi,
I think CP is always better option. I did it for my Dad, I filed his I-130 in Nov 2010, and the entire process was done by June 2011. He had his GC in Hand and was I usa by then. SO it took 7 mts.
For AOS, you have to wait for 3mts from the day your mother enters USA to file for I-130 and I-485, and from there it will take around 4-5mts for the process to finish. So if you look at the time frame, it is around 7 mts, and it is less expensive to do the CP.
So think about all the option and do the best, This thread is always there for any questions.
Good Luck

 

[soul71]

Thanks for the information.

Does the consular processing option take longer than AOS ?

If so, how much longer does one take over the other?

Regards[/

Hi,
I think CP is always better option. I did it for my Dad, I filed his I-130 in Nov 2010, and the entire process was done by June 2011. He had his GC in Hand and was I usa by then. SO it took 7 mts.
For AOS, you have to wait for 3mts from the day your mother enters USA to file for I-130 and I-485, and from there it will take around 4-5mts for the process to finish. So if you look at the time frame, it is around 7 mts, and it is less expensive to do the CP.
So think about all the option and do the best, This thread is always there for any questions.
Good Luck

Is this stated in the USCIS rules/law? Can anyone confirm this statement, please. I am planning to apply for my mom GC in US but she is arrived abt 3 weeks ago.

 

[Triple Citizen]

No such written law. However if a visitor applies for AOS after a 3 week stay in the US, their AOS interview may not be the smoothest!!!

Is this stated in the USCIS rules/law? Can anyone confirm this statement, please. I am planning to apply for my mom GC in US but she is arrived abt 3 weeks ago.