I-130/I-485 and Extension of Visa for Mother already in the US

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kupurr

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My wife and I are both USC and want to know if my wife can file for her mother while she is visiting us here on a visitor's visa. Her five year multiple visa will expire on Jan. 31, 2005. She has visited us in the past and only on one occasion over stayed in the US by three months. She was asked about her over stay when she came her before and satisfied the Customs and INS officer at the airport. She never worked in the US and has no bad record. Can my wife file for her I-130 and I-485 together or is it going to create problems for her if we just file for her I-130 now and upon it's approval file her I-485 on a future date? Do we need to still apply for the extension of her visitor visa if she is waiting for the approval of I-130? Is there a clear advantage in filling the I-130 and I-485 in the INS Dallas office together or it doesn't matter in her case because her case doesn't require the visa numbers for Family Based Green Cards? Is she going to get some advantage with the DORA program at the Dallas INS office? There is one more twist in this case and it is related to the tax paper's of my wife as she recently started working and doesn't have her own income tax papers to report for the last 3 years? Even though she was not working, I filed my income tax paper jointly. Are those papers valid to use in wife's mother case? Will the use of those papers make me a co-sponsor or not?

Thanks!
 
pls, pls answer

Guys and Gals, please help me and answer my questions to best of your knowledge. Many thanks.
 
kupurr said:
Guys and Gals, please help me and answer my questions to best of your knowledge. Many thanks.
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As far as I know, your wife can file for her form I 130 and I 485 together. If you get receipt notice of it before her visa expires then she is good to go. She don't need to go back and not need to extent the visitor visa. As far as tax returns concern, you can file in support of your wife though your wife will be the sponsorer and you wil file I 864 A to support her. Only thing is I think you don't have enough time to gether all documents and file so that you can get receipt notice by end of Jan. This is what I can say best by my knowledge.
 
kupurr said:
My wife and I are both USC and want to know if my wife can file for her mother while she is visiting us here on a visitor's visa. Her five year multiple visa will expire on Jan. 31, 2005. She has visited us in the past and only on one occasion over stayed in the US by three months.
Overstay ? (without ext of stay)? Can be questioned though may not be major problem.
She was asked about her over stay when she came her before and satisfied the Customs and INS officer at the airport. She never worked in the US and has no bad record. Can my wife file for her I-130 and I-485 together or is it going to create problems for her if we just file for her I-130 now and upon it's approval file her I-485 on a future date?
File together. No brainer. Also apply for AP or/and EAD if there is any possibility she might be required to make a trip to India or work here or need a SSN
Do we need to still apply for the extension of her visitor visa if she is waiting for the approval of I-130?
No. She is OK if you have proof they received her application before 31 Jan
Is there a clear advantage in filling the I-130 and I-485 in the INS Dallas office together or it doesn't matter in her case because her case doesn't require the visa numbers for Family Based Green Cards? Is she going to get some advantage with the DORA program at the Dallas INS office?
Do not know
There is one more twist in this case and it is related to the tax paper's of my wife as she recently started working and doesn't have her own income tax papers to report for the last 3 years? Even though she was not working, I filed my income tax paper jointly. Are those papers valid to use in wife's mother case?
Yes
Will the use of those papers make me a co-sponsor or not?
You will have sign as a cosponsor anyway as your wife apparently does not meet the income criteria
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kupuur,
Its pretty stright forward.

a) Your wife should apply for her mother I130/1485 together asap. Once the file is accepted by INS, then the MIL(mother in law) will be in adjustment of status period. and no extension etc is required.

b) take great advantage of Dallas Pilot program which gives Green Card in 90 days (search USCIS website for details). No EAD or AP can be filled though.

c) You can be the co-sponsor on the I-864 application ie file I-864A for your MIL ..
 
Dallas give green card in 90 days but only if the visa number is available. The visa numbers are allocated by the National Visa Center and any speed up process from any service centers (such as Dallas' DORA program) cannot issue green card without a visa number. Therefore, if I-130 is approved, she will still have to wait for her priority date to be current.

Also, this is the first time I am hearing (or atleast getting a gist from the previous posts) that she is in-status if I-130 is received. I dont think thats the case. She will still be illegally staying here...unless she would have filed before Dec. 21st 2000 after which she would have been covered by the LIFE act.

I hope I am wrong and if I am, PLEASE LET ME KNOW. My brother is in the same situation and he is planning to go back in March. If I-130 makes him eligible to stay in US a visa number being available, heck, my parents are willing to sponsor him
 
EricNeesGC,
You are consfused between a GC holder applying for I-130 for immediate relatives and a US Citizen.

a) Kupurr and his wife both are US CITIZENS... There is no question of visa number availability or priority date for immediate relative of US Citizens. Its always current. That problem is only when the sponsor is GC holder..

b) I mentioned that his wife should apply for I130/I485 together for her mother which she is eligible to do as mother is already in US legally on a visitor' visa..

c) Once the combined application is received by Dallas office (DORA applications never go to NBC) successfully, her MOTHER WILL BE in ADJUSTMENT OF STATUS period..

EricNeesGC,
if your parents are USC and brother is less than 21, then he can avail this too....
 
humm...well...yeah my parents are US citizens but my brother missed out the 21 year age limit by umm...10 years. He is currently on H1-B. Married. H1-B expires in September and the lawyers have screwed up his papers in a way that getting GC through his work is not possible. Any ideas what could be done?
 
EricNeeGC,
Unfortunately your brother will come under Family Category 3rd for which the priority date is Dec 97... as he is married and over 21.
 
Thanks guys for all the information so far. Now one more question on this topic and it is related to the address one can use on the application.

In our case we live in Louisiana near Texas Border. I have a friend who lives in Dallas, can I use his mailing address to get some added time benefit out of the Dallas Pilot Project for my Mother in Law?

Any body with DORA program info. please post their feed back on this. This is my first experience on this forum and it is really great to get such rapid transfer of information. Thanks again to you ALL for your help.

kupurr
 
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