Applying for AOS for Parents of A US Citizen from within US
#16
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#17
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Re: Applying for AOS for Parents of A US Citizen from within US
Adjustment of Status (I-485) applicants do not "file" I-864 at all. The I-864 is simply a supporting document that must be attached to the I-485 filing.
#19
Re: Applying for AOS for Parents of A US Citizen from within US
Are your parents currently living in the US on a travel visa or a different US visa? Are they, themselves, filing for Adjustment of Status OR are you as their son filing for their Legal Permanent Resident visa while they are living in their foreign home and you are living in the US?
People living in a foreign country do not file for adjustment of status.
People living in a foreign country do not file for adjustment of status.
#21
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Re: Applying for AOS for Parents of A US Citizen from within US
Are your parents currently living in the US on a travel visa or a different US visa? Are they, themselves, filing for Adjustment of Status OR are you as their son filing for their Legal Permanent Resident visa while they are living in their foreign home and you are living in the US?
People living in a foreign country do not file for adjustment of status.
People living in a foreign country do not file for adjustment of status.
#23
Re: Applying for AOS for Parents of A US Citizen from within US
#24
Re: Applying for AOS for Parents of A US Citizen from within US
There is no fee for the I-864 in this case. Don't forget to also complete forms I-130 for each parent. The forms can all be filed together. Don't envy you having to complete all those forms for each parent. Double the fun.
#25
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Re: Applying for AOS for Parents of A US Citizen from within US
The OP's parents entered the US on a B1/B2 visa, and from everything the OP says, with the intention of staying.
How come there is not the risk that the application will be seen as not being a genuine change of circumstance which justifies an AOS?
#26
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#27
Re: Applying for AOS for Parents of A US Citizen from within US
How is this situation any different to someone who enters the US, gets married and applies for AOS - something which they intended to do when entering, and which the forum has always said is illegal i.e entering as a visitor with the intention of staying?
The OP's parents entered the US on a B1/B2 visa, and from everything the OP says, with the intention of staying.
How come there is not the risk that the application will be seen as not being a genuine change of circumstance which justifies an AOS?
The OP's parents entered the US on a B1/B2 visa, and from everything the OP says, with the intention of staying.
How come there is not the risk that the application will be seen as not being a genuine change of circumstance which justifies an AOS?
#30
Re: Applying for AOS for Parents of A US Citizen from within US
There is the same risk, if they did intend to stay when they entered. But the OP makes no mention of that being the case, and hopefully they can prove it's not i.e. they've still got a property in their home country that they haven't sublet, jobs to return to, haven't shipped anything over, etc.
However, as SDG has already pointed out, the OP needs to be careful with his terminology. The parents are on a visit, not “living here.”