I-130 for consular processing

[pchi]

Hi,

Can I file for I-130 when my parents are here on visitor visa ? I dont want to file AOS now, they will go back to home country for completing rest of the consular process.
How much time it will take after I-130 is approved and NVC asks parent to go to consulate office ?

Normally how much total time it takes for GC for parents through consular processing ?

Thanks !!

[rayb]

Yes. Submitting an I-130, with subsequent processing in the applicant's home country U.S. consulate, is how most immigrants obtain visas to come to the U.S. Separate I-130's are needed for each parent, and you must be a U.S. citizen to petition them. Average timeframe, from submittal to Consulate interview is about 8-10 months.

--Ray B

Hi,

Can I file for I-130 when my parents are here on visitor visa ? I dont want to file AOS now, they will go back to home country for completing rest of the consular process.
How much time it will take after I-130 is approved and NVC asks parent to go to consulate office ?

Normally how much total time it takes for GC for parents through consular processing ?

Thanks !!

[pchi]

Yes. Submitting an I-130, with subsequent processing in the applicant's home country U.S. consulate, is how most immigrants obtain visas to come to the U.S. Separate I-130's are needed for each parent, and you must be a U.S. citizen to petition them. Average timeframe, from submittal to Consulate interview is about 8-10 months.

--Ray B

Thanks Ray !! Just to be more specific, so when they are here and I file for I-130, their visitor status here remains valid ? Also how much time it may take between I-130 approval and NVC next steps for their visit to consulate? They are supposed to stay here on visitor for another 3-4 months on visitor and then go back.

[rayb]

There is no connection between your parents being here on visitor visas and you submitting I-130's for them while they are here. But if they attempt to enter the U.S. again, during processing of their I-130's, they could be disallowed entry because they have "expressed intent to immigrate," by submitting of their I-130 petitions. Rejection of entry does not always happen, but "intent to immigrate" is a standard "denial of visitor visa" or "denial of entry" reason.

The petition processing at USCIS averages 3-6 months; the NVC processing about 3 months; followed by the Embassy interview date about 4-6 weeks later.

--Ray B

Thanks Ray !! Just to be more specific, so when they are here and I file for I-130, their visitor status here remains valid ? Also how much time it may take between I-130 approval and NVC next steps for their visit to consulate? They are supposed to stay here on visitor for another 3-4 months on visitor and then go back.