Parent of USC - Immigration Process Questions

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balaur

New Member
Hi, we want to file an app for my husband's mom to immigrate to the US. We are both US Citizens. She is currently in the US on a multi-entry tourist visa and is planning to leave on Jan 20 back to Russia. I have a couple of questions:
1. Do we file I-130 and I-485 simultaneously, or just 130 for now, and wait for INS to send us the rest of the package later?
2. After we file, is her CURRENT tourist visa automatically invalidated or is she still able to come and visit while her app is being reviewed?
3. Do all interviews, etc take place in Russia or in the US
4. Once status is granted and she enters the US, how long does she have to stay before she is able to go back Russia for visits; and is there a form that needs to be filed for that like a travel passport?

Thanks! Laura
 
1. Do we file I-130 and I-485 simultaneously, or just 130 for now, and wait for INS to send us the rest of the package later?

If she is leaving on Jan 20, she doesn't really have the time to get advance parole, and without it her filed I-485 will be forfeited. So, just file I-130, and within a year she will get an immigrant visa (through consular processing).

2. After we file, is her CURRENT tourist visa automatically invalidated or is she still able to come and visit while her app is being reviewed?

it will not be automatically invalidated, however, there is always a chance that she might be turned away at the airport if she can't prove to the office that she does not intend to stay, but will leave and go through consular processing instead.

3. Do all interviews, etc take place in Russia or in the US

if she stays now and does adjustment of status - in the US. If she leaves and goes through consular processing - in Russia.

4. Once status is granted and she enters the US, how long does she have to stay before she is able to go back Russia for visits; and is there a form that needs to be filed for that like a travel passport?

immediately. But you have to remember that now she will be a US resident - which means that she needs to live in the US, and can only leave the States for short periods of time (up to a year) for travel. If she needs to leave for more than a year but less than two - she needs to apply for a reentry permit (form I-131). However, let's get her to immigrate first, and then we'll worry about that.
 
Balaur,

I have a question for you. When you apply GC for your husband's mom, do you need the doc: marriage certificate of your mom-in-law to come with the application, although you are not going to apply GC for your father-in-law?

My case is I ganna apply GC for my father only (My mom passed away). Do I need the doc of my father's marriage certificate with the application I-130? (I have family relationship certificate which already proves the relationship of my father and me. Am I right?)

Thanks, Bob
 
byuscn said:
Balaur,

I have a question for you. When you apply GC for your husband's mom, do you need the doc: marriage certificate of your mom-in-law to come with the application, although you are not going to apply GC for your father-in-law?

My case is I ganna apply GC for my father only (My mom passed away). Do I need the doc of my father's marriage certificate with the application I-130?

I would say for your fathers application I-130 - Marriage certificate is a must. It is also specified in the I-130 instructions.

For I-130..this what I submitted....(check for fee changes if any)

1. Cover letter
2. Check for the amount of $ 190.00 (Payable to Department of Homeland Security)
3. Form I-130: Petition for Alien Relative, completed and signed
4. Copy of Biographical page with photograph in U.S. passport as evidence of citizenship
5. Copy of naturalization certificate as evidence of U.S. Citizenship
6. Copy of state ID Drivers license
7. Photocopy of Birth certificate of petitioner showing date of birth
8. Affidavits from two relatives as evidence of relationship between petitioner and beneficiary
9. Photocopy of marriage certificate of parents
10. Photocopy of school certificate from 10th Grade showing petitioner’s date of birth and relationship between petitioner and beneficiary
11. Affidavits from two relatives as evidence of relationship between petitioner and beneficiary showing marriage between parents of petitioner
(I have family relationship certificate which already proves the relationship of my father and me. Am I right?)

Thanks, Bob
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