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Applying for AOS for Parents of A US Citizen from within US

Applying for AOS for Parents of A US Citizen from within US

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Old May 22nd 2024, 3:37 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Thanks newacct but what about the statement on USCUS website :If you file within the United States: You must file with the Department of State; however, they charge a fee. For more information, please visit their website.
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Old May 22nd 2024, 3:46 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Thanks newacct but what about the statement on USCUS website :If you file within the United States: You must file with the Department of State; however, they charge a fee. For more information, please visit their website.
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.
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Old May 22nd 2024, 6:12 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

hmm, whats the difference between filing it and attaching it as supporting documents.
Don't i have to fill it and attach relevant evidence to it?
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Old May 22nd 2024, 10:13 am
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Default 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.
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Old May 22nd 2024, 10:17 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Do remember that the fee structure recently changed. The ,I-131 and I-765 fees no longer included in the I-485 fees.
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Old May 23rd 2024, 4:52 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Rete
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.
Question i posted is specifically to know if I-864 has any filling fee as its not clear on USCIS. My parents live with me in the US under Tourist visa and are applying for AOS.
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Old May 23rd 2024, 4:53 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Yes i am aware of that
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Old May 23rd 2024, 11:14 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Question i posted is specifically to know if I-864 has any filling fee as its not clear on USCIS. My parents live with me in the US under Tourist visa and are applying for AOS.
Hmm. USCIS form G-1055 lists the fee for form I-864 as "$0." I think this is saying no fee is due. But then I had been a practicing Immigration Lawyer. Often what is clear to us legal types is unclear to lay people.
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Old May 24th 2024, 2:00 am
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Default 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.
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Old May 24th 2024, 4:03 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Question i posted is specifically to know if I-864 has any filling fee as its not clear on USCIS. My parents live with me in the US under Tourist visa and are applying for AOS.
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?
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Old May 24th 2024, 4:13 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by SanDiegogirl
The OP's parents entered the US on a B1/B2 visa, and from everything the OP says, with the intention of staying.
I didn't see the OP saying that their parents intended to stay when they entered.
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Old May 24th 2024, 4:33 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by SanDiegogirl
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?
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.
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Old May 24th 2024, 4:48 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Rete
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.
Rete lol its no fun repeating the info on both the forms but has to be done that way
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Old May 24th 2024, 4:49 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

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Old May 24th 2024, 5:29 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by christmasoompa
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.”
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