I-130 while parents in US but I-485 as consular processing?

Z

zbcx123

Registered Users (C)
Hello

I am a US Citizen and am filing for Green card for my parents.

My parents are currently visiting me (they are due to return in end of Mar 2014) and their visitor visa expires sometime in December 2014.

Can i file for their I-130 right away but wait until they go back home to do consular processing for I-485? How and where would they do their medical exams, fingerprints etc...

Thanks for your advise
 
Me, a US citizen married the Girl on B2 Visitor visa in USA and filed her
I-130 in August 2013. I plan filing AOS I-485 now along with I-765. However
she had to go to India for urgency and came back on B2 when the officer
stamped 'Stay Limited'. Is it okay to to fileAOS and I-765 now as she is back
 
zbcx123 said:
Can i file for their I-130 right away but wait until they go back home to do consular processing for I-485?
Click to expand...

You can file the I-130 without I-485 while they're in the US, but if they pursue consular processing they would not file I-485; instead they would file DS-230 or DS-260 with the consulate sometime after I-130 approval.
 
zbcx123 said:
Hello

I am a US Citizen and am filing for Green card for my parents.

My parents are currently visiting me (they are due to return in end of Mar 2014) and their visitor visa expires sometime in December 2014.

Can i file for their I-130 right away but wait until they go back home to do consular processing for I-485? How and where would they do their medical exams, fingerprints etc...

Thanks for your advise
Click to expand...

I-485 is the process for filing petition while the applicant is in the US. If your parents plan to return to their country, you should indicate Consular filing on form I-130. Once it is approved, you will file some more paperwork with the national visa center NVC and then your parents will be scheduled for an interview at a US consulate. Medical exam will be done at a designated facility, usually in the same city as the US consulate. Fingerprinting is done during interview.
 
May I ask, why do they not want to do Adjustment of Status in the U.S.? Is it because they cannot afford to stay in the U.S. for the 3 months to get an Advance Parole?
 
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