File AOS right away or wait for 90 days after the visitor arrives in US

[jillynilly8]

Is there a hard or soft mandate to wait for 90 days before applying for green card? Can we do I130 right after person arrives in US and then do AOS after 90 days? Or can we only apply all together after 90 days? I am applying for my mom.

[Enub4]

From what I understand, no one should enter the USA without an immigrant visa with the intention to immigrate (or do AOS).
In most cases, people travel to the USA for vacation, and then their children convince them to stay and then do the AOS process.
Some people wait 90 days or more as proof of no preconceived intention to immigrate but the officer can do extra questioning if they feel this is not the case.

[jillynilly8]

Understood the actual rationale behind the intent. However, also want to hear some real experiences and general experience people have had from their applications. Or does filing I130 right away helps get ahead in the priority queue in any case given how long the applications take these days to process

[shiva_82]

Understood the actual rationale behind the intent. However, also want to hear some real experiences and general experience people have had from their applications. Or does filing I130 right away helps get ahead in the priority queue in any case given how long the applications take these days to process

I would say, do not travel on a non immigrant visa if you plan to immigrate. Instead do a consular processing and come in with an immigration stamp.

[twisted-pixel]

I think it's already been stated, but you shouldn't enter the US on a non-immigrant visa with the intent to AOS...that's a big no no. And if you immediately apply for I-130 then you are clearly doing this and the USCIS are not stupid. Doing things correctly takes longer, but has a much better success rate.