Question on I-130

B

babu01

New Member
I am a US citizen. My parents are here on B1 visa.
I want file I-130 for my parents. Can I just file for
my Dad and include my Mother in his I-130. Or
I must submit a differnt I-130 for my Mother as well.
I may go for either I-485 or CP?

Thanks in advance
 
babu01 said:
I am a US citizen. My parents are here on B1 visa.
I want file I-130 for my parents. Can I just file for
my Dad and include my Mother in his I-130. Or
I must submit a differnt I-130 for my Mother as well.
I may go for either I-485 or CP?

Thanks in advance
Click to expand...
You should submit separate I-130s for your parents.
If you file for AOS (I-485 and the other forms concurrently), they would be interviewed here, for CP they would have to go back and go thru processing in your home country.
How long have they been here?
 
I don't mind apply seperately. But if I apply for my Dad,
My mother is automatically included.
Why pay two fee for I-130 :) .

They just got here. Would be here for 6 more month.
 
babu01 said:
I don't mind apply seperately. But if I apply for my Dad,
My mother is automatically included.
Why pay two fee for I-130 :) .

They just got here. Would be here for 6 more month.
Click to expand...
I rephrase my response: "You must apply separately".
"Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)" - http://www.uscis.gov/graphics/howdoi/parentapp.htm#Mother.
If they just got here, wait for at least 3 months before filing the forms.
 
I have asked this question before in this forum...About parents coming on tourist visa and then applying for thier GC, AOS, etc here in the US, instead of them going back to their country and waiting longer for CP.
People in this forum have told me many times that it is OK, that the USCIS does not suspect "fraud" from the parents by coming here on a tourist visa just to avoid the extra waiting time involved in CP.

But a reputable law firm in San Francisco (lawler & lawler), and also...a immigration officer (800 number of USCIS), has repeteadly told me again and again that the USCIS is very "picky" when they see that parents are suddenly here on tourist visas just before the USC sponsor applies for their AOS.
I think is always better to check with a lawyer and make sure that the reason your parents are here as tourists is valid enough to convince the immigration officer that they were here just for pleasure.
Good luck
 
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