samal1485

Hello,
1.I (citizen) would like to bring my parents from Russia. My understanding is that I file I-130 first for each parent. I am not clear at which point I file I-485and I-864?

2.I-130 ln.14-my parents are coming for Christmas,2 weeks. What should I put on line 14? whatever it will be? Is it better if I mail I-130 after they live so that ln.14 will be blank. I do not want to confuse INS by saying that my parents are here "now" when in fact after 2 weeks they will be back in Russia.

3.Is it better if I have them stay in the USA, submit I-130 and hopefully within a year the process will done versus waiting in Russia? I do not want them to violate any visa status, since both of them can stay only 6 months.

4. At which point I can request the interview to be done in Russia or USA?

Thanks a lot,

Sam

dreamercon

You only need to file the I-130 now, indicate you want an immigrant visa processed in Russia, and wait to be contacted by the NVC for the next step which will involve more forms.

The correct way for you to bring your parents is by having the process done in Russia, since they can't come here on a non-immigrant visa with immigrant intent.

samal1485

Thank you! I suppose I attach a letter requesting "interview in Russia"? I could not find a proper place on I-130.
Sam

Noorah101

When your parents are living outside the USA (as they are now), you will not be using form I-485, so you can take that off your list of forms. The I-864 will be requested from NVC after the I-130 is approved.

Put the information on line 14 as it pertains to the situation on the day you sign the I-130.

They can only stay 6 months. The process takes longer than 6 months, so they'll have to return to Russia. They'd have to anyway, because their visa interview has to take place in Russia. It's illegal for them to come to the USA as a visitor with the intent to remain and adjust status, so that avenue is not open to you.

You don't have a choice. The interview will be in Russia.

Rene

samal1485

Thanks a lot Rene! So after (if) I get approval of I-130, I mailed I-864. At which point they or I will get a notice regarding an interview? From my side, I have to submit 864 (plus support docs)only, correct?

Sam

Noorah101

No need to attach anything. They'll figure it out when they see your parents address abroad.

Rene

Noorah101

YOU won't get the notice for interview, THEY will. After I-130 approval, the case moves to NVC. NVC does some document collection, one of which is your I-864. Eventually an interview is set up, the file is sent to Russia, and your parents are notified how to get their police reports and medicals done, and when to go for the interview.

Rene

samal1485

Aha, but I will get a letter regarding I-130 approval and I-864?

Sam

Noorah101

That's correct.

Rene

samal1485

THANKS!
Sam

meauxna

Read here for the flow chart after I-130 approval. You can be appointed as your parents' agent so that you receive their visa mail (much faster).
You will send all their documents, and your I-864, to the NVC, in the order requested.
They have quite the system set up, just follow the instructions as you receive them.

Read the I-130 and its instructions carefully and you will see where to mark their Consulate.
You could always get wild and read the pages at uscis.gov
As a U.S. citizen, you may petition for certain family members based on your relationship.

samal1485

Rene,
Please kindly tell me why my parents can not stay in the USA through the end of the process.
Thanks,
Sam

Noorah101

Because it is illegal to come to the USA as a visitor with the intent to remain in the USA and file for adjustment of status to permanent residency.

Therefore, you will file an I-130 for each other them, which will result in an interview in Russia. They will need to return to Russia for the Immigrant Visa interview in Russia.

It's never a good idea to overstay any visa, so they should return to Russia before their I-94 expires. They should only stay in the USA as long as the I-94 is valid.

Rene

Noorah101

I guess I should have said, if their Immigrant Visa process ends up taking less than 6 months, then fine...they can stay in the USA that whole time, and just return to Russia to get the medical, police report, and interview done...then they immigrate to the USA. But I anticipate the process taking longer than 6 months.

Rene

samal1485

Thanks Rene! I asked you because one of the laywer told me that it is OK to overstayed and my parents will be able to adjust the status. So, I was not sure/confidenet.

Thanks,
Sam