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I - 130 form (sponsoring mother ) wait time

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  • I - 130 form (sponsoring mother ) wait time

    Hello,
    I will like to sponsor my mother for her green card and I'm wondering what are the recent wait times for everyone.
    She will also be coming to the States to visit me before I start her I - 130 . Is it safe for me to mail her I 130 after she gets her visa or should I wait for her to enter the States before I mail it out ? As the visa is usually for a 6 months period , I'm wondering what will happen if the green card process takes longer that 6 months?
    Thanks !

  • #2
    You can file I-130 and I-485 at the same time, if your mother is in the US. This link also have information regarding visa availability (the time it takes).

    https://www.uscis.govhttps://www.imm...ing-form-i-485

    Concurrent filing occurs when an immigrant petition (for example, Form I-130 family petition, Form I-140 employment petition, or Form I-360 petition for Amerasian, widow(er), or special immigrant) and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

    If your mother is outside the country, she needs to apply through consular processing:

    https://www.uscis.govhttps://www.imm...lar-processing

    An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This is referred to as “consular processing.”

    You will need to find out if your mom may enter as a visitor if she is applying through consular processing. Maybe someone else can help with this.
    Not legal advice.

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    • #3
      I would recommend beginning the process after your mother enters the US. Then you can file I130 & I485 concurrently. If the I130 is filed prior to her arrival (you cannot file I485 anyways, since it is meant only for Adjustment of the status viz., the beneficiary is already in the US), and I am guessing she is trying to enter on a non-immigrant/visitor visa (like B1/B2), she runs the risk of being denied admission at POE, due to the I130 appln. being filed which would indicate immigrant interest, contravening the purpose of the non-immigrant visa.

      It is Ok if she overstays, since the AOS process would already have started, and in that case it does not matter if you go out of status. Only watch out is not to leave before receiving AP.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Are you US citizen?

        Originally posted by Toumbap2018 View Post
        Hello,
        I will like to sponsor my mother for her green card and I'm wondering what are the recent wait times for everyone.
        She will also be coming to the States to visit me before I start her I - 130 . Is it safe for me to mail her I 130 after she gets her visa or should I wait for her to enter the States before I mail it out ? As the visa is usually for a 6 months period , I'm wondering what will happen if the green card process takes longer that 6 months?
        Thanks !
        If you are US citizen, total wait time is 5+, 6+ months for average case unless you delay your document for your reason. Form I-130 is supposed to be submitted to USCIS not to your mother. There is a question in form I-130 which ask you where she is going to apply for adjustment of status for immigration process at USA or apply for an immigrant visa abroad at the US Embassy. I don't know how you could answer that question since your mother is not in USA yet. Please ask around for that question.
        If you have a plan to apply form I-130, I believe that you should do it ASAP.
        This is my opinion not legal advice. I just want to help you to thoroughly consider among doable ways but you take your own risks.

        Comment

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