Filing just I-130 (no 485) for my mom already in US

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srics

New Member
First time poster, this is awesome board!!

My mom is currently in US and I'm planning to apply for her green card (my dad recently passed away). I know filing concurrent I-130 and I-485 is the most popular option. But my mom doesn't have a birth certificate. I'm not sure how long it is going to take to get those entry-not-found and couple of sworn affidavits. In order to get this thing moving I'm considering just sending the I-130 for now and apply for I-485 later once I source those birth cert related supporting documents.

Is there any downside to this approach? Any reason I might be better off getting those docs (say it takes about a month) and apply I-130 / I-485 concurrently?

I'd really appreciate if someone can clarify.

Also btw here is the packet I've prepared for just the I-130,

- Covering letter
- Filling Fee - Check for the amount of $420.00 (payable to U.S. Department of Homeland Security)
- G-1145 – E-Notification of Application/Petition Acceptance
- Form I-130: Petition for Alien Relative
- Photocopy of my Naturalization Certificate as proof of Citizenship
- Photocopy of my birth certificate with my mother's name as evidence of relationship

Does it look correct?
 
The I-130 by itself doesn't give her any legal immigration status. Will delaying the I-485 cause her status to expire before the I-485 is filed? That could be problematic in some circumstances. Did she enter the US with a visa? Or did she use the visa waiver?
 
srics said:
First time poster, this is awesome board!!

My mom is currently in US and I'm planning to apply for her green card (my dad recently passed away). I know filing concurrent I-130 and I-485 is the most popular option. But my mom doesn't have a birth certificate. I'm not sure how long it is going to take to get those entry-not-found and couple of sworn affidavits. In order to get this thing moving I'm considering just sending the I-130 for now and apply for I-485 later once I source those birth cert related supporting documents.

Is there any downside to this approach? Any reason I might be better off getting those docs (say it takes about a month) and apply I-130 / I-485 concurrently?

I'd really appreciate if someone can clarify.

Also btw here is the packet I've prepared for just the I-130,

- Covering letter
- Filling Fee - Check for the amount of $420.00 (payable to U.S. Department of Homeland Security)
- G-1145 – E-Notification of Application/Petition Acceptance
- Form I-130: Petition for Alien Relative
- Photocopy of my Naturalization Certificate as proof of Citizenship
- Photocopy of my birth certificate with my mother's name as evidence of relationship

Does it look correct?
Click to expand...

You have to file I 485 before her I 94 experies. she will be out of status. If you are from India, You should be able to geta NON Availability of BC from local governamne toffice in 1-2 weeks, and Affidavits from 2 people are in your hands, The soon you ask two people to write and and have it notarised,it is better for you. So you should have all these documents ready by 1mts
 
Thanks for the replies. I didn't know about this legal status difference between I-130 and AoS.

I should've mentioned this - my mom is Visitor and we are 2 months into her stay. We have four more months for her I-94 to expire. So hopefully I'll have ample time in between to file I-485.

BTW another related question, so if I went ahead to file I-130 separately should I have to wait until it is fully adjudicated before filing I-485? Can I, once I got those birth cert docs, file I-485 perhaps after receiving the I-797C Notice of Receipt?

Thanks again.
 
Her I-485 may be filed while the I-130 is pending. But in that case the I-130 receipt notice must be included with the I-485.

Don't forget about the I-693 medical -- that must be filed with the I-485 and it can take over a month from scheduling the appointment to receiving the results in the mail.
 
You are better off waiting and filing everything together. Doing things piecemeal is always going to provide an opportunity for unwanted processing delays in the long run.

You must be a USC in order to file for a parent and that makes her an immediate relative (IR) of a USC. Even if she falls out of status she can still file for adjustment as an IR as long as she lawfully entered in the first place and she did.

The only real potential issue is if she is out of status for 6 months before filing for adjustment. IF that were to happen she could not safely travel abroad until the greencard processing is approved. However, that might not even be an issue of concern for her?
 
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