URGENT! Parent sponsorship: 485 and 130 questions

mario123

Registered Users (C)
Hello all,

Here's my scenario:

My wife and I are U.S. Citizens. I/we want to sponsor my wife's parents. They are in the U.S currently on a tourist/visitor visa. They have a 10-yr. multiple entry and have been coming to the U.S off and on, somtimes every 8 months due taking care of grand kids, etc. This time they can only stay for 3 months (till Dec) since that's all they got on the I-94:

My questions:

FYI: The reason they only got a 3 month stay this time is because the IO gave them a little bit of a hard time saying that they were coming too often. The IO also told them not to try and extend stay through a I538 (or whatever that form is called) We want them to stay for at least a yr. now.

1) Can I sponsor them, or does my wife have to do it?

2) Is it just the I-130 or do we have to file the 1-485 together? I'm thinking that if we file the I-130 and I-485 simultaneousely, then they will be allowed to stay back in the U.S until their case is resolved. Is that true?

3) Can we do all this while they are here or do they have to go back to their native country?

4) Anything else I should be aware of?

Please advise.

I appreciate all your help!
 
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