Green Card for Parents- Should I-130 and I485 be applied at the same time? What is the Recommended?

K

kilukily

Registered Users (C)
Hi

First of all- this web site is great and is filled with all sorts of good and useful information. Thanks allot guys

I am getting ready to apply for a Green Card for my Father.
What would you recommend? Should I apply both I-130 and I485 together to wait to get I-130 appoved before filing I-485

Please let me know
Thanks
AG
 
If your father is already here in the US on a valid visa, has spent around 2-3 months in the US on that visa and has 2-3 months remaining on his I-94, you can apply I-130 and I-485 together. Make sure that you have all documentation - your birth certificate showing your and your parents' full legal names, your US passport or certificate of naturalization, your father's birth certificate. You will also need a medical examination done for your father by a USCIS approved doctor and submit the report (form I-693).
 
Thanks, just one more question.
He has been here for a month. Do I need to wait for when he has been here 2-3 months to apply or can I apply it now
Regards
AG
 
kilukily said:
Thanks, just one more question.
He has been here for a month. Do I need to wait for when he has been here 2-3 months to apply or can I apply it now
Regards
AG
Click to expand...

Is he here on an actual visa or a visa waiver? It makes a difference. Also, will he be able to show that he did not enter as a visitor with the intent of applying for a greencard? Will he need to get advance parole in order to go back and wind up personal affairs?
 
Hi,

He has a Visitor visa on which he has been coming to stay with us for about 5 months every year around the same time every year for the past 5-6 years, so this year is no differet from that point of view
Now that I am US citizen I want to get a green card for him so that he can live with us for more than 5 months per year

As for the advance parole papers, would he not be able to go back on his visitor visa in case he does not get his Green Card in time before he leaves in November.
His Interview and all other fomalities for Green Card should be done before he has to leave if I apply now

Please advise
Regards
AG
 
kilukily said:
Hi,

He has a Visitor visa on which he has been coming to stay with us for about 5 months every year around the same time every year for the past 5-6 years, so this year is no differet from that point of view
Now that I am US citizen I want to get a green card for him so that he can live with us for more than 5 months per year

As for the advance parole papers, would he not be able to go back on his visitor visa in case he does not get his Green Card in time before he leaves in November.
His Interview and all other fomalities for Green Card should be done before he has to leave if I apply now

Please advise
Regards
AG
Click to expand...

Once he starts the adjustment process, he is stuck until he gets AP (or waits for the greencard). If he files an I-485 and departs before getting at least AP, the I-485 is abandoned and denied. He would then have to transfer the case over to Consular Processing. It would be extra processing time and wasted money. Plan accordingly. If it would be more convenient for him to just have you file an I-130 now and wait for the Immigrant Visa through Consular Processing, he could probably return the usual time next year except as an Immigrant instead of as a visitor.
 
I have a quick question too. My parents are coming in June and being a US Citizen, i would like to apply for their green card. Can i start the application process as soon as they land in US? Is that a problem? This is their 4th visit. On top of it, are there any necessary documents like "birth certificate, marriage certificate etc" that i should bring. Apparently, in those days in India, the birth certificates are surrendered to the school and the 10th standard certificate is taken as birth certificate. They dont have any registeration for marriage in those days. Is there any alternate solution? If anyone could reply to this, it will be great.
 
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