Options for filing I-130 and I-485 for parents green card - while in India vs within USA

seranky123

Registered Users (C)
I am a USC and am planning to file GC for both my parents who are currently in India. I read about the 2-step, concurrent and CP options on USCIS site but I couldn't find an answer to one of my questions.
For the 2-step process, is it possible to do the following :
1. File I-130 for both parents now (Dec 2013) but not file I-485 and not select CP.
2. Have them visit USA in April 2014 on visitor's visa and then file I-485 and get AOS done here in USA and get their GC.
Travel to USA while I-130 is pending is not clearly documented anywhere.
 
It is not prohibited to travel to the U.S. on a tourist visa while the I-130 is pending; however, it is visa fraud to travel to the U.S. on a tourist visa with preconceived intent (at the time they enter) to adjust status in the U.S. during that trip. On the other hand, it is in theory okay to visit with intention of leaving and go back to India and continuing with consular processing; however, in practice, there is very slim chance they would let them enter at all.

Your plan is very much against the rules. Consular processing is the only right way to do it.
 
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