Eligibility to file I-130 and I-485 concurrently?

M

maxwell33

New Member
Please shed some lights on my situation.

I am a US citizen. I want to file a petition for my mother to become a permanent resident. She doesn't live in the U.S. but has been granted a two-year tourist visa 3 times in the past few years. She currently has a valid tourist visa and is visiting me for 2 weeks.

While my mom is still here in the U.S. during her 2-week stay, can we file I-485 along with I-130?

Will there be any complications if she leaves the states after filing both forms?
 
I don't recommend this. Just file the I-130 and let her get a consular visa abroad. Out of curiosity, does SHE want to live here?
 
maxwell33 said:
Please shed some lights on my situation.

I am a US citizen. I want to file a petition for my mother to become a permanent resident. She doesn't live in the U.S. but has been granted a two-year tourist visa 3 times in the past few years. She currently has a valid tourist visa and is visiting me for 2 weeks.
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If she files I-485 she can expect to have to stay in the US for at least 2-3 months (i.e. long enough to complete fingerprinting and get Advance Parole). How is that consistent with a two-week visit?
 
Yes, she does want to live here. That is basically the whole purpose to file the documents. Unless, there are others I'm not aware of?..

Her tourist visa expires in 2013, so technically she could simply postpone her stay and get a flight ticket for a later time.

I'm more concerned for the implications my mom may face with the authority when she will be changing her non-immigrant status to immigrant status while still in the States?
 
A greencard is not a substitute for a tourist visa. It means that someone actually wants to "reside permanently" in the U.S., spending the majority of the time in the U.S. and for MOST immigrants to eventually seek naturalization.

The expense involved in seeking LPR status is not minimal. Be sure it is right for her first. If she just wants to get it so she can visit once in a while, it may be taken away before too long and it will have been an unnecessary expense.
 
Thank you for your replies. I appreciate it.

The dilemma is really not about choosing whether to immigrate or not, it's about how to immigrate.

Most likely we will go down the consular road and file I-130 only.
However, as I understand it will take considerably more time.
 
maxwell33 said:
Thank you for your replies. I appreciate it.

The dilemma is really not about choosing whether to immigrate or not, it's about how to immigrate.

Most likely we will go down the consular road and file I-130 only.
However, as I understand it will take considerably more time.
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The amount of time is not considerably different between adjustment of status in the U.S. v. Consular Processing. The time from first filing until attainment of status is not is not very different for an Immediate Relative of a USC, only the time sent together is different.
 
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