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Filing I-130 and I-485 concurrently?

Filing I-130 and I-485 concurrently?

Old Jan 26th 2010, 3:50 am
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Default Filing I-130 and I-485 concurrently?

about to send in I-130 package for parents, is it worth doing the I-485 concurrently as well? Parents are not currently in the US, or should I file the I-485 when they are on a trip here? If there are outside the US, is there another process I need to follow? TIA
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Old Jan 26th 2010, 3:53 am
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Default Re: Filing I-130 and I-485 concurrently?

Originally Posted by Islandgurl View Post
about to send in I-130 package for parents, is it worth doing the I-485 concurrently as well? Parents are not currently in the US, or should I file the I-485 when they are on a trip here? If there are outside the US, is there another process I need to follow? TIA
Concurrent filing is only for people living in the US on a non-immigrant status.

You can file I-130 (each) for them, and they go through 'consular processing'.. IE, apply for a visa in their home country.
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Old Jan 26th 2010, 2:33 pm
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Default Re: Filing I-130 and I-485 concurrently?

Originally Posted by Islandgurl View Post
Parents are not currently in the US, or should I file the I-485 when they are on a trip here?
If the I-130s are approved and they get their immigrant visas, there will never be a need to file an I-485 for either of them.

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Old Jan 26th 2010, 6:01 pm
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Default Re: Filing I-130 and I-485 concurrently?

they are retired and financially independent but just getting on a bit, so not interested in visa for working purposes...They have a B1/B2 visa in their passport which expires this april...does the approval of the I-130 give them an A# or does the subsequent filing grant them that?
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Old Jan 26th 2010, 6:08 pm
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Default Re: Filing I-130 and I-485 concurrently?

Originally Posted by Islandgurl View Post
they are retired and financially independent but just getting on a bit, so not interested in visa for working purposes...They have a B1/B2 visa in their passport which expires this april...does the approval of the I-130 give them an A# or does the subsequent filing grant them that?
Why does it matter when they get an A#? They can't immigrate to the USA until they have Immigrant Visas in hand, whether they have an A# at that time or not.

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Old Jan 26th 2010, 6:14 pm
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Default Re: Filing I-130 and I-485 concurrently?

Originally Posted by Islandgurl View Post
l... does the approval of the I-130 give them an A# or does the subsequent filing grant them that?
Approval of the I-130 gives them nothing... except the opportunity to then apply for an immigrant visa. Once they apply for the IV and it is granted, then when they next arrive in the US they will immediately become Permanent Residents... and from that moment on, they can live in the US on a permanent basis.

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Old Jan 26th 2010, 6:37 pm
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Default Re: Filing I-130 and I-485 concurrently?

Originally Posted by Islandgurl View Post
they are retired and financially independent but just getting on a bit, so not interested in visa for working purposes...They have a B1/B2 visa in their passport which expires this april...does the approval of the I-130 give them an A# or does the subsequent filing grant them that?
I-130 + I-485 is immigrating, an Immigrant Visa is immigrating. They both result in a 'green card'/Permanent Resident status.
It also makes them liable for US taxation, including reporting of all worldwide income.

If they only want to spend 6 months of the year in the US, the B visa is probably the correct solution for them. Staying longer could make them ineligible for some national health insurance plans (Canada, UK etc).
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