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COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Old Mar 11th 2012, 11:01 pm
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Question COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Hi Folks,

Before I narrate my story, I wanna say that I owe A LOT to this Discussion Forums. Since 2002-03, advice I got from this board and the helpful and knowledgeable folks here, is probably a HUGE reason for all the success in my life today, so thank you all for that!

Unfortunately, what hasn't change is always the COMPLICATED immigration matters that I find myself and my family in ... but it's OK, that's why I need some help and advice from you...

Long story short, my Dad brought my Mother over based on a K-3 visa two years ago. Since then, their "marriage" hasn't been what it used to be, and this morning, I heard from my Dad and he's officially divorced my mother, back in our home country.

In the meanwhile, around a week and a half ago, roughly 10 days before the expiration of my Mother's I-94 based on her K-3, I have filed her packet for AOS, along with the proper fees and forms, based on her marriage to my Father. So far, I haven't gotten any receipts or anything from USCIS, except the USPS Signature confirmation of the packet being received. I believe this should normal, seeing how it should take them a month or so to even look at our packet.

To clarify, yes, I filed the packet for my Mother's AOS, BUT it's filed with my Father being sponsor, and representing my Mom as her husband. I got involved because obviously my father doesn't care for my Mother and behind the scenes, they have zero to no ties, except on papers to the USCIS, while I support and attend to every need of my mother.

Now based on this situation, I have some preliminary questions:

1. Because the packet was postmarked for BEFORE the expiration of my Mother's I-94, this delay in processing of the I-485 application will NOT count as "unlawful presence" for my Mother and will count as being "on-time" filing for my Mom's adjustment, correct?

2. Related question, while this I-485 is being process, my Mother's presence here IS LEGAL, right?


Now, because of these unfortunate updates from this morning, about my Father divorcing my Mother, I have come to you guys for some expert advice on figuring out what my options are:

My Mother's lived a very tough and unfair life, mainly because of how my Father's treated my Mom, and therefore, the last thing I want is for her to go back to our homeland, and live there, while an I-130 is filed for her through me (I'm a US Citizen). This is because I have had to live 14 years away from her already, and because I don't want her living alone near my Father, who is currently and has been living in our homeland for the last 2 years almost.

In addition to all that's happened, my Father is claiming that he is willing to help us through the status of my Mom's status by not disclosing their divorce to the USCIS while her adjustment is executed, and will even possibly show up to the US to take part in the interview that will be required to give her the Adjustment of Status to a Permanent Resident, based on her pending I-485 application.

Now, I hope you guys can understand my skepticism with that picture, and the words of my monster of a Dad, which is why I want an insurance policy on this whole thing and file a CONCURRENT I-130 and an I-485 for my Mother based on her being the Mother of a US Citizen. If I do it this way, then she wouldn't have to leave the US.

So now here's the question for you Experts:

1. Is this even possible for me to do for my Mom, that is, a I-130 and I-485 for my Mom, that is, does she legally even qualify for that option?

2. If IT IS possible, then based on the complicated situation I have described above, is it even wise for me to start ANOTHER AOS application, along with an I-130 for my Mom, when there is already another AOS application being processed for her, through my Father?

3. Is anyone aware of the processing times associated with that process? From filing the receipt of a Green Card?

4. Is there better advice can any one of you offer me, in case there is another option that I don't know of?


Last couple of notes:

For those who think this is an immigration fraud, that is, to not inform the USCIS of my Parent's divorce and hope to go through the process and secure permanent residence for her, then yes, TECHNICALLY speaking, I COMPLETELY agree with you all. However, we all know of all the extraordinary stories that lie behind families and the pain associated with separations and etc. The amount of advantage that my Father's taken from my Mother's heart is UNCANNY, and if there's justice on the human level of things, then I morally don't see anything wrong with my Mom AT LEAST deriving this much from my useless Father.

P.S. He has also agreed to "help" us through this and not disclose anything to the USCIS.

Another note that comes to mind is, before you tell me to go see an attorney, I wanna say that I have had the WORST experience with Immigration Attorneys. Sadly, they have always given me bad advice, that's gotten be deported before, and back in Oct 2011, when I worried about this issue, NO ATTORNEY even INFORMED me of the Concurrent Filing option.

I have always found much more knowledge and useful information on this board and research on my own, than to talk to Immigration Attorneys, who most often than not (I mean no disrespect to the competent ones) have become glorified para-legal, application processing firms, than true attorneys and lawyers... taking money from people who can't file a USCIS application.


With all that said, I thank you for your time in reading this note, and also thank you in advance for your ever so wonderful advice.
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Old Mar 11th 2012, 11:11 pm
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

I highly recommend taking all this to an immigration lawyer and get his help and input. Your mother has a complicated case which is out of the ordinary.

My layman's thoughts are:

1. I can't quite figure out what you've done so far. You say your father is back in your home country....but you also say you've filed an I-485 AOS package based on their marriage, is that correct? How did you include an I-864 from your father, if he's outside the USA right now?

2. As a USC, if you are over 21, then yes, you can sponsor your mother for an adjustment of status. You can file an I-130 and I-485 concurrently. I recommend doing this ASAP, of course after you've had a consultation with the immigration attorney to get his OK on that route.

3. Your dad should not participate in coming to the AOS interview (the one based on their marriage) since he's planning to divorce her. That would be going through the motions just so she can receive an immigration benefit, which is illegal.

So, your order of business is....1) Consult with an immigration attorney ASAP; 2) if he agrees, and if you qualify, file an AOS based on your son/mother relationship.

Rene
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Old Mar 11th 2012, 11:14 pm
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Fragger
For those who think this is an immigration fraud, that is, to not inform the USCIS of my Parent's divorce and hope to go through the process and secure permanent residence for her, then yes, TECHNICALLY speaking, I COMPLETELY agree with you all. However, we all know of all the extraordinary stories that lie behind families and the pain associated with separations and etc. The amount of advantage that my Father's taken from my Mother's heart is UNCANNY, and if there's justice on the human level of things, then I morally don't see anything wrong with my Mom AT LEAST deriving this much from my useless Father.
But this is not a moral issue. It's a legal issue. Legally, your mother could lose her status in the future if USCIS finds out your father only helped because he wanted to give an immigration benefit to your mother. Don't do it.

Another note that comes to mind is, before you tell me to go see an attorney, I wanna say that I have had the WORST experience with Immigration Attorneys. Sadly, they have always given me bad advice, that's gotten be deported before, and back in Oct 2011, when I worried about this issue, NO ATTORNEY even INFORMED me of the Concurrent Filing option.
That's unfortunate, but we are mostly laymen around this forum. You need legal advice. Now that you know of the options, and are more educated about immigration, find an attorney that works in your favor. You know the right questions to ask now.

Rene
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Old Mar 11th 2012, 11:15 pm
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

My biggest question right now is....if your mother filed an AOS based on her marriage to your father....how did you get an I-864 from him, and how does he qualify, since he's no longer living in the USA, and most likely has no US income?

Rene
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Old Mar 11th 2012, 11:26 pm
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Question Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Noorah101
My biggest question right now is....if your mother filed an AOS based on her marriage to your father....how did you get an I-864 from him, and how does he qualify, since he's no longer living in the USA, and most likely has no US income?

Rene
Hi Rene/Noorah,

Thank you very much for your very prompt response.

Here are my follow up answers and questions to your post:

My Father filed the I-864 with an I-864A with me being the joint sponsor. He signed the AOS, and I signed the joint sponsor form. He has had NO INCOME or even a tax filing in the US since 2006 or earlier. So the Affidavit is completely being driven off of my income and returns.

Unless you have a specific advice on contacting a certain attorney, I think I am better off hearing and seeking advice via this forum. I reached out to various attorneys back in November/October, when I last got a wind of this situation, but none of them even brought up the idea of Concurrent Filing or I think even knew about it! Which is why I have my reservations about this. Back in 02, another attorney screwed me over and got me sent back to my country...

I agree with you that filing an I-130 is possible the best option for my Mother right now. Question being, is CONCURRENT Filing a course I can take here? What worries me of course is that, USCIS might question us about WHY we are filing another I-485 for my Mother, when there is a pending application already for her, based on her marriage to my father?

Any thoughts on this?

Appreciate all your help again!
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Old Mar 11th 2012, 11:48 pm
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Fragger
I agree with you that filing an I-130 is possible the best option for my Mother right now. Question being, is CONCURRENT Filing a course I can take here? What worries me of course is that, USCIS might question us about WHY we are filing another I-485 for my Mother, when there is a pending application already for her, based on her marriage to my father?
To my layman's knowledge, as long as you are a USC over 21 years old, and your mother is currently inside the USA, an AOS can be filed for her.

I also believe she is allowed to have multiple cases going on at the same time.

Yes, USCIS might want to know why. That's what the AOS interview is for.

Rene
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Old Mar 11th 2012, 11:49 pm
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Fragger
My Father filed the I-864 with an I-864A with me being the joint sponsor. He signed the AOS, and I signed the joint sponsor form. He has had NO INCOME or even a tax filing in the US since 2006 or earlier. So the Affidavit is completely being driven off of my income and returns.
I see. However, I believe this will be a problem. What address did your father use on his I-864? The sponsor must be living in the USA. He clearly is not. I believe this will be an issue.

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Old Mar 12th 2012, 12:01 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

If mother is indeed on K-3, you can't possibly do concurrent filing.
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Old Mar 12th 2012, 12:04 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by seawaternow
If mother is indeed on K-3, you can't possibly do concurrent filing.
Why not?

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Old Mar 12th 2012, 12:08 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Noorah101
Why not?

Rene
For K1 and K3 visas, mother can only AOS through original petitioner (father who divorced her by now). Son's petition would have to be through consulate, not AOS.

Unless I am mistaken on K1 and K3 visa categories...
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Old Mar 12th 2012, 12:09 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Hi Folks,

My Father filed from the same address that we all live on, my Mom, his registered address, and I.

Why would his presence in the country and the AOS be a problem? He is a USC, and went outside of the US to liquidate his assets overseas, and it has taken him some time, since then... So why would this be a problem?

@ seawaternow: Same question as Noorah, why isn't Concurrent filing possible?

For the rest of the crowd, does anyone know the answer to these questions?:


"Now based on this situation, I have some preliminary questions:

1. Because the packet was postmarked for BEFORE the expiration of my Mother's I-94, this delay in processing of the I-485 application will NOT count as "unlawful presence" for my Mother and will count as being "on-time" filing for my Mom's adjustment, correct?

2. Related question, while this I-485 is being process, my Mother's presence here IS LEGAL, right?"
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Old Mar 12th 2012, 12:11 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

I'm not familiar enough with the complicated scenario here, so I'll be bowing out of this thread.

My advice to seek legal consultation still stands.

Rene
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Old Mar 12th 2012, 2:54 am
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Question Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Noorah101
I'm not familiar enough with the complicated scenario here, so I'll be bowing out of this thread.

My advice to seek legal consultation still stands.

Rene
I am sorry to hear of your departure from this thread.

Anyone else willing to help?

Also, can you guys please recommend any lawyer recommendations to me? Perhaps someone very competent you dealt with and was very knowledgeable at what they did?

Appreciate all the help! Thanks!
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Old Mar 12th 2012, 3:08 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Originally Posted by Fragger
I am sorry to hear of your departure from this thread.

Anyone else willing to help?

Also, can you guys please recommend any lawyer recommendations to me? Perhaps someone very competent you dealt with and was very knowledgeable at what they did?

Appreciate all the help! Thanks!
No problem, I'm just not knowledgeable enough. Neither is anyone else on this forum, because we are all laymen.

You need a professional immigration attorney. One that is spoken of highly in here is J. Craig Fong in Los Angeles. You should contact him, and if he can't help you, he can direct you to someone who can.

Rene
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Old Mar 12th 2012, 4:12 am
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Default Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!

Fragger,

I moved this to the general US immigration forum, since your real question is whether your mother can file an AOS based on YOUR I-130. There are still questions about the AOS based on the I-130 filed by your father, but I thought more people here would have an idea about your main question.

Rene
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