filing I-130 (but planning to do CP) while the beneficiary is in the US...

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tmc

Registered Users (C)
My mom is visiting us with visitor visa in Sep 2009 and will stay with us till Mar 2010.

If i get citizenship (god bless!!!) and be eligible to apply I-130 for her in Dec 2009 (say), can I do so without any problems/issues.

We do NOT plan on doing I-485 here (unless that is the better approach, but it doesn't look like) and we want to do CP.

Basically, she will return back in Mar 2010 as planned and once I-130 is approved, will do CP from India.

Are there any issues in filing I-130 when the person is in USA.

Thanks.
 
No there is no issues there. However, I do not know why the CP would be better. If she does not want to move to the U.S. permanently she is not entitled to the green card.
 
thanks for the reply.

the reason we want to do CP is that it is faster.

also, if USCIS questions on why you entered on tourist visa (with non-immigrant intent), but file I-485 later (immigrant intent) - we just want to avoid that.
 
I do not see how it is faster and why USCIS would question you like that. However, it is your right do the one way or the other, there is no issues.
 
tmc said:
Are there any issues in filing I-130 when the person is in USA.
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No issues, just specify the desired consulate on the I-130. But she needs to be prepared to fly back on short notice for the interview and related formalities if the consulate gives an unexpectedly quick date (i.e. before her planned return in March).
 
Jackolantern said:
No issues, just specify the desired consulate on the I-130. But she needs to be prepared to fly back on short notice for the interview and related formalities if the consulate gives an unexpectedly quick date (i.e. before her planned return in March).
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Just give then a call to reschedule on March.
 
thanks for the replies. since we will be eligible to file I-130 in dec/jan, and that itself takes around 5 months, an interview before march is unlikely. however, all your points are well seen.

thanks for clarifying that there are no issues in filing I-130 while in USA.
 
One more important thing

I just found on internet today that if your mother is in USA and if you put her address as your. NVC will contact your mother in USA via mail to check if she still want to file for AOS. if she doesn't reply in 30 days NVC prepares for CP which may be mentioned in I 130. If she says AOS then you may see delay as once you file AOS USCIS now ask NVC to return back I 130. and can take some time there in request and response. So make sure you be clear what you decide.
 
gc_on_demand said:
I just found on internet today that if your mother is in USA and if you put her address as your. NVC will contact your mother in USA via mail to check if she still want to file for AOS. if she doesn't reply in 30 days NVC prepares for CP which may be mentioned in I 130. If she says AOS then you may see delay as once you file AOS USCIS now ask NVC to return back I 130. and can take some time there in request and response. So make sure you be clear what you decide.
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If CP is desired, her non-US address should be written on the I-130.
 
I dont think CP is faster because my wife and i were initially going through the CP,but my wife ended up calling the USCIS and they told her that if i have a B2 visa that i should come to The US and do the AOS ,but i was a bit scared of USCIS accusing me of fraud,but the USCIS told my wife that its ok to do that,so after a week of getting to The US we filled for AOS and we informed the NVC and they returned my file to USCIS and i have my greencard now,the whole process took less than 3months.
 
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