Family-Based Greencard apply while in the US

S

Shyam Kumar

Member
Hi Everyone
I am in the process to file an I-485 AOS for my parents while in the US. Already submitted the I-130 online. While I was filing the application for I-765, in PART-2 of "Information About Your Eligibility Category" of Question 27. I didn't know what to write about this. I looked for it but was unable to find the right one. AOS is filing based on the B2 category. Can anyone put insight on what could be the category for question 27 of Part-2?
I will appreciate the help.
Thank you
Shyam Kumar
 
There’s no such thing as “AOS filing based on the B2 category”. Having said that, your parents I-765 Eligibility category is (C)(9) - Adjustment Applicant under Section 245.
 
I want to file AOS for my wife and children who are here in the States with me as a GC holder: Question
1. Can I file concurrently
2. Do I need to file I-130 & I-485 separately for each of the children who are 17, 16 and 14 years or they can be on mum’s I-130 and I-485?
Their B1 visas is still in valid status.
 
Mundaamu said:
I want to file AOS for my wife and children who are here in the States with me as a GC holder: Question
1. Can I file concurrently
2. Do I need to file I-130 & I-485 separately for each of the children who are 17, 16 and 14 years or they can be on mum’s I-130 and I-485?
Their B1 visas is still in valid status.
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Did you guys marry before you got your green card? Were the kids born before you got your green card? How did you get your green card? They might be able to immigrate as your derivative beneficiaries, without needing you to file I-130.

1. This month (April 2023), yes. In future months, hard to say.
2. The children do not need separate I-130; they can be derivative beneficiaries on their mother's I-130, if you are not planning to naturalize before they immigrate. If you will naturalize soon, then they need separate I-130s. Everyone needs separate I-485s.
 
I won the Lottery and processed through AOS in 2022, but could not process their Follow-to-Join due to the sunset on 9/30.
Now they are here in the US with me.
Just to make sure I understand you clearly:
1. I can file concurrently if I am filing this month?
2. I would have to file only one I-130 and one I-485 for my wife and that will cover the children as well?
 
I am currently completing the i-130 for my spouse. I have come across this question under Part 5. Other Information:
If you are also submitting separate petitions for other relatives, provide the names of and your relationship to each relative.

Question: should I list our children's names here as relatives?

Hint: I have already listed them in Part 4 as children under Information About Beneficiary's Family.
 
Mundaamu said:
I am currently completing the i-130 for my spouse. I have come across this question under Part 5. Other Information:
If you are also submitting separate petitions for other relatives, provide the names of and your relationship to each relative.

Question: should I list our children's names here as relatives?

Hint: I have already listed them in Part 4 as children under Information About Beneficiary's Family.
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If you are only filing one I-130 (petition), then no, you do not list anything there.
 
Mundaamu said:
Please is there a problem if after filing the i-130 this month, I submit the i-485 next month?
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Yes, you can file I-485 next month too. USCIS AOS filing charts for May 2023 still has F2A being current.

But why not file I-130 and I-485 together?
 
Thank you. The cost for wife and three kids estimated about 5k, this was not budgeted for as I thought they were gonna be considered derivative . But sure I could raise that by mid month next month
 
Shyam Kumar said:
Hi Everyone
I am in the process to file an I-485 AOS for my parents while in the US. Already submitted the I-130 online. While I was filing the application for I-765, in PART-2 of "Information About Your Eligibility Category" of Question 27. I didn't know what to write about this. I looked for it but was unable to find the right one. AOS is filing based on the B2 category. Can anyone put insight on what could be the category for question 27 of Part-2?
I will appreciate the help.
Thank you
Shyam Kumar
Click to expand...
To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.
 
nriservice said:
To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.
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What is the relevance of this post considering the post you responded to clearly stated they already filed the I-130?
 
@Sm1smom it's been over 78 days since I filed my I-130 for my spouse, and subsequently sent in her I-485 and that of my kids only two weeks ago. Is there anything else I should be doing now, please?
 
@Sm1smom and @newacct I have got two mails on the way after my i-130 petition receipt arrived about three weeks ago. But these two mails are all in the name of my son. Why two mails from the National Benefits Centre? What possibly could these mails contain? I am anxious.
 
Mundaamu said:
@Sm1smom and @newacct I have got two mails on the way after my i-130 petition receipt arrived about three weeks ago. But these two mails are all in the name of my son. Why two mails from the National Benefits Centre? What possibly could these mails contain? I am anxious.
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Calm your anxiety and wait for the mail to arrive. You’ll find out soon enough what they both contain.
 
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