I-130 Petition for Mom - questions

[litmu]

Hi All:

I recently filed for my mom to the Nebraska Service Center: My mom is with me on Tourist Visa for next 5 months. I was confused as to whether I can file her AOS alongside I-130, so I error'd on the side of caution and did not apply for AOS, assuming that CP (counselor processing) would be right course.

a) Is my assumption as for CP, right? (that I cannot apply for her AOS from here)
b) How long is it taking these days for hopefully an approval of I-13o? (USCIS site says 5 mo)
c) b) I am not very familiar with what series of steps happen next, and what steps I should keep in mind, to ensure a successful outcome.

 

[newacct]

1. She can apply for AOS.

 

[litmu]

1. She can apply for AOS.

Hi NewAcct. Are you sure about this? This is good news to me, but somehow I remember from a post I read 3-4 yrs back, which warned applicants that it is considered almost fraudulent by USCIS if we file AOS for an applicant who is on a visitor visa in USA. There was some weird rationale that visitor visas are considered short-term and preclude one from changing status.

 

[litmu]

Hi All: Please advise ASAP ... now I am realizing user 'newacct' might be right, that I could have filed AOS concurrently.
1. Do you think AOS (instead of CP is a shorter route, considering validity of visitor visa is 6 month only?
2. If I now submit I-485 ... I think there is some complication .... as while filling my I-130, in response to question "If your relative is currently in US, their I-94 admission/expiry date etc". I said "N/A". Does that mean, I need to file an amended I-130???

 

[newacct]

Hi NewAcct. Are you sure about this? This is good news to me, but somehow I remember from a post I read 3-4 yrs back, which warned applicants that it is considered almost fraudulent by USCIS if we file AOS for an applicant who is on a visitor visa in USA. There was some weird rationale that visitor visas are considered short-term and preclude one from changing status.

Well, there are kind of two different issues. As for AOS eligibility, there is no question that she having entered on B2 is eligible for AOS. She simply needs to have entered legally, in any status (B2 or otherwise; as long as she is not a J1 who has the 2-year home residency requirement). However, what people worry about is not AOS, but the entry. Someone entering in B status is required to not have preconceived intent to stay and file for AOS during that trip to the U.S. at the time that they enter. It is fine to have no such intent when entering and change her mind later; but it is not okay to have such intent when entering. Filing AOS could cause people to suspect that she lied during entry, depending on what she said when she entered. And if they find that she lied, then AOS will be denied, along with bans and other consequences. But if she didn't lie, then it should be okay.

 

[newacct]

Hi All: Please advise ASAP ... now I am realizing user 'newacct' might be right, that I could have filed AOS concurrently.
1. Do you think AOS (instead of CP is a shorter route, considering validity of visitor visa is 6 month only?
2. If I now submit I-485 ... I think there is some complication .... as while filling my I-130, in response to question "If your relative is currently in US, their I-94 admission/expiry date etc". I said "N/A". Does that mean, I need to file an amended I-130???

1. AOS is shorter. And the length of her duration of stay is irrelevant. Once she applies for AOS, she doesn't need to be in status to stay in the U.S. And in fact she doesn't even need to be in status at the time of applying for AOS (although she will be in this case).
2. Hmm... My feeling is that you should have answered that question truthfully based on the actual circumstance when you filed that form (if she was in the U.S. at that time, you should have filled it out), regardless of whether she intended to do AOS or CP. I am not sure how to correct it.

 

[litmu]

Thanks newacct.

1. How long it approximately takes from AOS application submission to Advance Parole (or temporary travel ability) and from AOS submission to 485 approval?
2. I might be wrong, but personally I feel CP is a cleaner process, while AOS is a messy process.
3. My mom is 78 yrs old, she is not very mobile, uses wheel chair, and someone has to accompany her everywhere. If I go AOS route, would I be able to accompany her to her various interviews/fingerprints etc?

 

[newacct]

Thanks newacct.

1. How long it approximately takes from AOS application submission to Advance Parole (or temporary travel ability) and from AOS submission to 485 approval?
2. I might be wrong, but personally I feel CP is a cleaner process, while AOS is a messy process.
3. My mom is 78 yrs old, she is not very mobile, uses wheel chair, and someone has to accompany her everywhere. If I go AOS route, would I be able to accompany her to her various interviews/fingerprints etc?

1. AP: 3 months. AOS: hard to say
2. sure

 

[litmu]

1. AP: 3 months. AOS: hard to say
2. sure

If AP takes 3 months, then that is the same time it takes for I-130 to be approved. From my personal experience, AOS is a big pain in the back process and takes f.o.r.e.v.e.r On other hand CP breaks the overall process in smaller manageable pieces and I think overall it ends up to be quicker?. My current sense is that AOS is a questionable process, my mom is a former diplomat, I hate to send her to a questionable route.

 

[Jackolantern]

If AP takes 3 months, then that is the same time it takes for I-130 to be approved. From my personal experience, AOS is a big pain in the back process and takes f.o.r.e.v.e.r

AOS based on employment or asylum often takes forever, but AOS for immediate relative is usually done within 6 months.

 

[litmu]

Thanks Jackolantern, question:

a) If going on AOS route, is it possible or viable to submit AOS like 60 days "after" having submitted I-130.
b) While submitting I-130, I was confused, I checked my mom's passport, she did not have any I-94 as question 13 asked (I learnt later that tourists dont get an I-94 in paper form, you have to download it on demand from USCIS website). So, while to question 12 (has your relative ever been to US) I said 'yes' but to question 13 (if your relative is currently in US, their I-94# etc), I marked 'n/a'.
Can I ignore this neglect on my part and submit AOS application alone in next 30-45 days?
c) or should I re-file another I-130 alongside AOS forms and resubmit all the fees again?

Thanks so much for your insights as much you could provide.

AOS based on employment or asylum often takes forever, but AOS for immediate relative is usually done within 6 months.

 

[litmu]

Thanks Jackolantern, b/w your nic seems very familiar, I think you used to help folks here 10-12 yrs back, when I was going through my own H1b/AOS stuff

Questions:

a) If going on AOS route, is it possible or viable to submit AOS like 60 days "after" having submitted I-130.
b) While submitting I-130, I was confused, I checked my mom's passport, she did not have any I-94 as question 13 asked (I learnt later that tourists dont get an I-94 in paper form, you have to download it on demand from USCIS website). So, while to question 12 (has your relative ever been to US) I said 'yes' but to question 13 (if your relative is currently in US, their I-94# etc), I marked 'n/a'.
Can I ignore this neglect on my part and submit AOS application alone in next 30-45 days?
c) or should I re-file another I-130 alongside AOS forms and resubmit all the fees again?

Thanks so much for your insights as much you could ....