Need Help with I-130

T

TriptiCahudhary

New Member
Hello,
My Name is Tripti Choudhary, I am on SB1 VISa and waiting for my Green Card. I became permanent resident in 2004 through my husband. Due to some personal issues, I had to stay in India from 2006-2008, later I had to apply for SB1 Visa in 2008 to go to USA and stayed in USA till 2010.
Again I had to stay in India from 2010-2019 meanwhile I had my second child, and later due to abusive nature of my ex husband we divorced. I again entered USA in 2019 on SB1 Visa and currently waiting for GC. I know that I have to apply for I-130 to call my 8 year old son( Indian Citizen, born in INdia, neven been to USA) here.

Can I file I-130 for my 8 year old son? Should I attatch a letter with I-130 explaining my situation. Because I have read in the I-130 form that one cannot apply for I-130 if he/she has not stayed in USA for 5 years as permanent resident.
If I file for I-130, Can I also file for I-485 for him as well?

Please help me. any advice is appreciated.
 
“ Because I have read in the I-130 form that one cannot apply for I-130 if he/she has not stayed in USA for 5 years as permanent resident. ”

That only applies if you got your green card through a spouse AND the new i130 you’re filing is for a (different) spouse. You are totally fine filing for your son. Good luck.
 
Thank you so much for the advice. This forum is very helpful for providing valuable suggestions. Please advice that
If I file for I-130, Can I also file for I-485 for him as well? Thank you.
 
TriptiCahudhary said:
Thank you so much for the advice. This forum is very helpful for providing valuable suggestions. Please advice that
If I file for I-130, Can I also file for I-485 for him as well? Thank you.
Click to expand...
I-485 is the form for Adjustment of Status, the process of getting permanent residency from inside the US. He isn't in the US. He won't do Adjustment of Status.
 
Thank you for the reply. Please provide answer to some of my queries. I entered country on returning resident (SB1) Visa. and waiting for new green card (Old GC expired). I have applied for I-90 online with USCIS for replacement of Green card. I have temporary I-551 stamp on the passport to establish my work and stay in the country, provided by USCIS.

Based on my sitution, Please suggest-
1. Can I use the same online account to file I-130 for my minor son?
2. Since I am also waiting for my Green card. will that affect his Visa processing?
3. My assumption is, if I can apply online for his Visa, I can also upload all the required documents online. Is it correct?

Please reply. Your answers will help me in getting my little one to his family sooner. Truly appreciate all the answers and help.
 
TriptiCahudhary said:
Thank you for the reply. Please provide answer to some of my queries. I entered country on returning resident (SB1) Visa. and waiting for new green card (Old GC expired). I have applied for I-90 online with USCIS for replacement of Green card. I have temporary I-551 stamp on the passport to establish my work and stay in the country, provided by USCIS.

Based on my sitution, Please suggest-
1. Can I use the same online account to file I-130 for my minor son?
2. Since I am also waiting for my Green card. will that affect his Visa processing?
3. My assumption is, if I can apply online for his Visa, I can also upload all the required documents online. Is it correct?

Please reply. Your answers will help me in getting my little one to his family sooner. Truly appreciate all the answers and help.
Click to expand...

Your physical green card is just evidence of status, it is not status in itself. So no need to wait - if you were admitted on Sb1 you are a LPR and can file. I don’t believe you can file I130 online at present.
 
Thank you for clarification Sir, It is good to know that I-130 cannot be filed online. But there is option available to file the I-130 online with USCIS online account. But I will follow the suggestion to file paper also.
 
There was no suggestion to file paper, just an opinion that it cannot be done, if you say it’s possible and you want to file online go ahead. The official instructions list paper filing only https://www.uscis.gov/i-130 but maybe you are seeing something else through your account.
 
Thank you Sir, I will be more alert in reading the provided suggestions. Please suggest that I can file the I-130 from USA while my minor son is in India. Can I file it from here?
 
Please read the link I posted above, it is very thorough in explaining what to do.
Of course you can file from here while your son is in India, most filings take place for relatives while they are still overseas.
 
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