Please Help!!! Question on I765, I130

M

msbb97

Registered Users (C)
Hello,

I currently live outside of the US and my brother is a citizen of the US. He wants to apply for my PR status -I130 and also the I765 for me to work while the PR status is pending.

In order for him to submit the documents, do I have to be in the US or can I continue to reside outside until it is time to come to the US?

any information would help !!!!!
 
msbb97 said:
Hello,

I currently live outside of the US and my brother is a citizen of the US. He wants to apply for my PR status -I130 and also the I765 for me to work while the PR status is pending.

In order for him to submit the documents, do I have to be in the US or can I continue to reside outside until it is time to come to the US?

any information would help !!!!!
Click to expand...

I-765 can be applied only when I-485 is pending. I-485 can be applied only when I-130 has been approved and PD is current. Depending on your country of citizenship, it would take from 12 to 23 years for your PD to become current.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

In short... If you wish to come to US and wait, you need to maintain your own legal status till the I-130 is approved and PD is current. Being the brother of a USC will not help you in anyway.
 
I am confused

I have a visitors visa from my country where I can visit the USA multiple times, in 6mth periods. My brother is a citizen who lives in arizona.

How long would it take for the I130 to be approved?
Can the I765, I485, I130 be submitted at the same time?
Do I have to be present in the USwhen these are being processed?
 
msbb97 said:
I have a visitors visa from my country where I can visit the USA multiple times, in 6mth periods. My brother is a citizen who lives in arizona.
Being the brother of a USC, you fall under the 4th preference for Family Based Immigration

How long would it take for the I130 to be approved?
I dont think you understood what i said. If your brother files for your I-130 now, it would take atleast 12 years for the PD to become current (23 years if you are from phillipines).

Can the I765, I485, I130 be submitted at the same time?
Only immediate relatives of a USC can submit all those forms at the same time. In your case, you can file for I-485 and other docs ONLY when I-130 is approved and PD becomes current. Sorry, but the wait for 4th preference family based GC is too long!!

Do I have to be present in the USwhen these are being processed?
When PD becomes current, you can opt to choose the CP route and stay in your country and wait for an immigrant visa, or choose the AOS route if you are inside US.
Click to expand...
 
Not Making sense

Can the I765, I485, I130 be submitted at the same time?

Only immediate relatives of a USC can submit all those forms at the same time. In your case, you can file for I-485 and other docs ONLY when I-130 is approved and PD becomes current.

--------------------------------------------------------------------------
Your answer doesnt make sense to me. In one sentence u said that only immediate relatives can submit all - isnt my brother an immediate relative?

You continue to say that "In my case I can only file I485 and I765......" So which one is it? Can my brother file all the documents for me? If so, do I come to the US with my B1/B2 visa. Or do I have to remain on my country?
 
Literally speaking, you are right. it doesnt make any sense.
According to USCIS, immediate relatives are parents, spouse, unmarried children under 21. You fall under fourth preference category for FB GC and hence cannot be classified as an immediate relative. I did not set those rules...

msbb97 said:
Can the I765, I485, I130 be submitted at the same time?

Only immediate relatives of a USC can submit all those forms at the same time. In your case, you can file for I-485 and other docs ONLY when I-130 is approved and PD becomes current.

--------------------------------------------------------------------------
Your answer doesnt make sense to me. In one sentence u said that only immediate relatives can submit all - isnt my brother an immediate relative?

You continue to say that "In my case I can only file I485 and I765......" So which one is it? Can my brother file all the documents for me? If so, do I come to the US with my B1/B2 visa. Or do I have to remain on my country?
Click to expand...
 
You must log in or register to reply here.
Top