Filing an I-130 for a Parent Who Has a B2 Visa

[Disagreeable]

As it is a parental visa preference, I would file after the I-130 is granted.

[Dogmatique]

Ok, T53147, dude, you're loosing me...

Especially your remarks about publishing on public forum and violating the laws governing the process
You're just too much! Please chill out!

At same time my questions still unanswered...

One more time... My mom is here (in US) under B2 Visa which expires in 2017, but she is NOT gonna stay.
She is leaving (doesn't want to stay or especially overstay) in about 10 days (long before her authorized stay which expires Feb 2015).

1.Should I file both I-130 and I-485 at same time (concurrent) now AND then see whats gonna happen?
2.Or just file I-130, she will leave, wait for the Receipt and then file I-485 on her behalf (with the receipt of approval)?

Thank you in advance,
Almaz

Well, I think we're all pretty much done with people demanding answers tonight.

Good luck.

[Almaz]

As it is a parental visa preference, I would file after the I-130 is granted.

Thanks Disagreeable,
That's exactly what I think I would do. I just don't want her to go to Consulate 2 times. First for Visa, Second for Green Card.
I hope its as easy process as it seems.

Thanks again!

[flyingron]

You can do it either way, I don't think there's any advantage of one over the other. Frankly, I'd just file them both now. No point in doing otherwise. Might save a week or so in mail delays when it comes time to process the paperwork while they're waiting for a later filed one (though that delay is probably a drop in the bucket in the large frame of things).

As for her status, she can file the AOS while she is legally present and stay pending a decision, or she can go home. That's up to her. The only caveat I was trying to make is that if she leaves, now that she is on file with immigrant intent, she can't reenter on her existing B or any other non-immigrant visa.

[T53147]

VISA does not govern authorized stay; the date on the I-94 is what is important. Once she leaves the country, unless it is very limited circumstances, her current I-94 is terminated and she must apply for a new entry.

If AOS is pending and she leaves, it is void. If you apply, she needs to cancel her trip.

She has immigrant intent and cannot honestly state at an entry that she intends to return home.

If she must leave, the correct thing to do is file for consular processing; she will then enter after her green card is approved. You still appear to plan to have her reenter as a tourist when you are planning to file or have already started the process for a green card for her.

As a US citizen, you are expected to obey all laws, even ones that are inconvenient to you personally.

If you do not want her to be alone, as a US citizen you are free to visit any country willing to allow you in for as long as they authorize you to stay; please do not use the excuse that she must be with you in the US to justify the shortcuts you have posted.

Since you do not like the advice given here, please use an attorney to assist you in correctly petitioning for your mother.

Your proposal is why parents of many US residents have difficulty obtaining visitor visas to the US; do not further prejudice the US immigration system against people like you mother who first just wanted to visit the US by turning her into part of the problem.

[Almaz]

As for her status, she can file the AOS while she is legally present and stay pending a decision, or she can go home. That's up to her. The only caveat I was trying to make is that if she leaves, now that she is on file with immigrant intent, she can't reenter on her existing B or any other non-immigrant visa.

Thanks Ron,

Today I filed I-130. My mom is gonna leave in 10 days. I'll wait when her I-130 will be Approved and then will submit I-485.

Do I have to get a Receipt (that they received it and allowing me to see the status of the case) first and then Approval letter?

I hope there will be no problem for me to fill out and send I-485 on her behalf when she's gonna be away?

Then when her I-485 will be approved she will come here with new Green Card.

Do I understand this right way?

Thank you in advance,
almaz

[T53147]

If you are unsure of the process or the forms as you have completed them, a review by an attorney is in her best interest. Based on your postings, it will be cheap insurance to make sure you have done things appropriately and that she will not be delayed by incorrect completed forms and procedure.

[Almaz]

Its done already...

[Dogmatique]

I predict this will not go as easily or efficiently as hoped.

Ah well.

[Almaz]

I predict this will not go as easily or efficiently as hoped.

Ah well.

You have a freedom to predict anything you want...