Intention to change status from visitor to permanent resident upon arrival in the us

[Reg]

Hi All.
I intend applying for a Tourist visa for me and my wife and 2 kids (boy and girl), having been invited by my Brother who is a US Citizen. However, my intention is for my Brother to file form I-130( petition for Alien Relative) as well as for Change of Status for me upon arrival.

I need the following counsels viz:

1. should I apply alone and file for my Family once I succeed, in view of the uncertainty involved?

2. What are the chances of succeeding?

3. How long will it take to get my I-30 form treated, considering the fact that the processing will be on while I'm in the US?

4. If I apply alone and my I-30 get approved, how long will I wait to be able to bring my Family to the US?

[rcmax]

Hi All.
I intend applying for a Tourist visa for me and my wife and 2 kids (boy and girl), having been invited by my Brother who is a US Citizen. However, my intention is for my Brother to file form I-130( petition for Alien Relative) as well as for Change of Status for me upon arrival.

I need the following counsels viz:

1. should I apply alone and file for my Family once I succeed, in view of the uncertainty involved?

2. What are the chances of succeeding?

3. How long will it take to get my I-30 form treated, considering the fact that the processing will be on while I'm in the US?

4. If I apply alone and my I-30 get approved, how long will I wait to be able to bring my Family to the US?

1. Chances of whole family getting visa are slim so first applying for yourself may be a better idea as your ties would be strong (wife and kids back home).

2. Answered in #1

3. I-130 acceptance and priority date could be had in one month if all paper work is done correctly but that does not allow you to
stay in US. F4 dates are heavily backlogged by 13-15 years so you will not be able to file for adjustment of status until the dates
get current for your country.

[Reg]

Intention to change status from visitor to permanent resident upon arrival in the us

Thanks a lot rcmax.
I will consider applying alone as advised.
However, I understand that if form I-130 is filed together with form I-485 (adjustment of status) while I'm already in the US, they would be treated together, thereby reducing processing time as against waiting for a decision that might take over a decade in my home country.

[newacct]

Thanks a lot rcmax.
I will consider applying alone as advised.
However, I understand that if form I-130 is filed together with form I-485 (adjustment of status) while I'm already in the US, they would be treated together, thereby reducing processing time as against waiting for a decision that might take over a decade in my home country.

No. You cannot file I-485 because you are not eligible to file I-485 because a visa number is not available for your category and priority date. A visa number won't be available for your category (F4) and priority date for about 13 years (longer for people born in Mainland China, India, Mexico, or the Philippines) after the I-130 is filed.

[rcmax]

Thanks a lot rcmax.
I will consider applying alone as advised.
However, I understand that if form I-130 is filed together with form I-485 (adjustment of status) while I'm already in the US, they would be treated together, thereby reducing processing time as against waiting for a decision that might take over a decade in my home country.

Yeah you think US govt. is so stupid to let you file I-130 and I-485 together and stay back here? If that were the case half the world population would be here. My friend you need to wait IN YOUR COUNTRY for 14 years or more after filing I-130 for F4 numbers to get current as per current queue. The queue gets longer every year, it may be 20 years in another 14 years time.