I-130 and concurrent I-485 timelines

P

polk2233

Registered Users (C)
Trying to apply for green cards for my elderly parents via I-130. Heard that it may be a good idea to apply for adjustment of status, I-485 while they are in the US. Would love to hear from someone with a real life experience doing this. More specific questions:

1. Does concurrent I-485 really expedite receiving green cards?
2. They will be in the US on B1/2 tourist visa, visiting me in Florida. Can I still apply for I-485 if they are on a tourist visa?
3. The plan is that they will come for a visit for ~3 months and then head back to their home country. Can they leave the US before I-130 biometrics (if it does not happen within 3 months) and/or decision on both applications?
4. How long do such cases (I-130 + simultaneous I-485) recently take? Anyone with a recent timeline, please share.

Thanks in advance for sharing your experiences!
 
Planning on entering the US with a preconceived intent of filing for AOS is frowned upon, it could be considered a fraudulent attempt at obtaining an immigration benefit. AOS is meant for someone who was already in the US before the decision to apply was made.

You can submit the I-130 for your parents and plan on them completing the process via consular processing by attending the interview in the applicable home country's US embassy when they get to that stage.
 
Understood, thank you. In this case, I assume the intent would be determined based on the fact that they filed I-130 and I-485 at the same time, soon after entering the US?

If they file the I-130 in their home country and then enter the US on B1/2 visa and decide to file I-485, is that a viable option? Does it shorten processing times compared to just waiting for I-130 to be approved in the home country?
 
Again, at this point, your parents are not eligible to file I-485 as they are not in the US while the decision to immigrate is being made. So stop asking about filing for I-485. The only form you can file for them now, or after they enter the US is the I-130. When that gets approved, you will receive further instructions on what you need to do in order for them to complete the process.

polk2233 said:
If they file the I-130 in their home country and then enter the US on B1/2 visa and decide to file I-485, is that a viable option?
Click to expand...
^^^ This is preconceived intent of filing for AOS, which is frowned upon. Your parents are not eligible to file for AOS!
 
You can use the below link to find out the current processing time for an I-130. Processing time for the rest of the steps are largely embassy dependent.

Processing Times

This site provides applicants the ability to see an estimate of the time to completion from submission of USCIS forms based on its adjudication location and subtype.
egov.uscis.gov egov.uscis.gov
 
polk2233 said:
Understood, thank you. In this case, I assume the intent would be determined based on the fact that they filed I-130 and I-485 at the same time, soon after entering the US?

If they file the I-130 in their home country and then enter the US on B1/2 visa and decide to file I-485, is that a viable option? Does it shorten processing times compared to just waiting for I-130 to be approved in the home country?
Click to expand...
Hi,

Just noticed on how you worded your question that you may have filed I-130 and I-485 as soon as your parents entered the US. Hope you did not do the same mistake I did of filing for I-130 with less than 90 days from US arrival. But if you did (again, I hope not) do you have any update on your application?
 
Mrsno said:
Hi,

Just noticed on how you worded your question that you may have filed I-130 and I-485 as soon as your parents entered the US. Hope you did not do the same mistake I did of filing for I-130 with less than 90 days from US arrival. But if you did (again, I hope not) do you have any update on your application?
Click to expand...
No I have not filed anything, not even I-130. I was just researching the process at that time. In the middle of preparing I-130 right now and based on the feedback received here I-485 is not very applicable to my situation so I won't be filing that.
 
Oh ok. Sorry for assuming you did. Glad you did not do the same mistake I did. Thank you & good luck!
 
You must log in or register to reply here.
Top