Sunny

Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,

Could you please help answer this query? This would help other netters too...

I am a US Citizen I need to sposnsor my parents for GC. I would be filing
I-130 for them.

However, my parents have a vistor visa to US (have visited before) and they would be
visting me for 5 months starting May02.

1) Should I file I-485 at the same time when they arrive here.
2) OR can I file I-485 along with the I-130 application now.
3) OR shall I refrain from filing I-485 now.

The reason is I don't know how long it takes to approve the I-130 petition and that
if filing I-485 now puts us in a shorter wait time for any kind of priority
processing date (We live in Arlington, Virginia jurisdiction). If I just go with
option 1) then whenever the petition is approved they can go to the Consulate in
India for further processing. This could take the longer but we need the
flexibility to go back to India. Your guidance would be very much appreciated &
thanks a lot in Advance.

God Bless you all!

Shelley

You should read the I-130 Immigration Help Site to find out all the details of both
options http://www.geocities.com/immigration_helpsite/index.htm You can do either
option 1 or 3, option 2 is not doable, because even though you file the I-130s, it
would be your parents who would each have to file the I-485 for themselves, and they
have to be in the US to request AOS. Here are office timelines for these petitions:
If you file the I-130 alone and wait for Consular Processing, you will use the
Vermont Service Center - http://members.aol.com/MDUdall/sctimes.htm If you file the
I-130 and I-485 package together, you will file at your local INS office
http://members.aol.com/MDUdall/instimes.htm Take Care. Shelley

"Sunny" <[email protected]> wrote in message
news:[email protected]...
    > Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    >
    > Could you please help answer this query? This would help other netters too...
    >
    > I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    > for them.
    >
    > However, my parents have a vistor visa to US (have visited before) and they would
    > be visting me for 5 months starting May02.
    >
    > 1) Should I file I-485 at the same time when they arrive here.
    > 2) OR can I file I-485 along with the I-130 application now.
    > 3) OR shall I refrain from filing I-485 now.
    >
    > The reason is I don't know how long it takes to approve the I-130 petition and that
    > if filing I-485 now puts us in a shorter wait time for any kind of priority
    > processing date (We live in Arlington, Virginia jurisdiction). If I just go with
    > option 1) then whenever the petition is approved they can go to the Consulate in
    > India for further processing. This could take the longer but we need the
    > flexibility to go back to India. Your guidance would be very much appreciated &
    > thanks a lot in Advance.
    >
    > God Bless you all!

Sylvia Ottemoel

Shelley wrote:

    > You should read the I-130 Immigration Help Site to find out all the details of both
    > options http://www.geocities.com/immigration_helpsite/index.htm You can do either
    > option 1

But if you do this, it would be in your parents' best interests for you and they to
wait at least 60 days after their entry to the U.S., and then to file Forms
I-130/I-485 simultaneously at your INS district office.

or 3,

The only reason to do 3, which I assume is essentially filing the I-130s alone with
the INS Vermont Service Center, is if you and your parents plan to pursue consular
immigrant visa processing.

option 2 is not doable, because even though
    > you file the I-130s, it would be your parents who would each have to file the I-485
    > for themselves, and they have to be in the US to request AOS. Here are office
    > timelines for these petitions: If you file the I-130 alone and wait for Consular
    > Processing, you will use the Vermont Service Center -
    > http://members.aol.com/MDUdall/sctimes.htm If you file the I-130 and I-485 package
    > together, you will file at your local INS office
    > http://members.aol.com/MDUdall/instimes.htm

    > "Sunny" <[email protected]> wrote in message
    > news:[email protected]...

    >>Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    >>
    >>Could you please help answer this query? This would help other netters too...
    >>
    >>I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    >>for them.
    >>
    >>However, my parents have a vistor visa to US (have visited before) and they would
    >>be visting me for 5 months starting May02.
    >>
    >>1) Should I file I-485 at the same time when they arrive here.
    >>2) OR can I file I-485 along with the I-130 application now.
    >>3) OR shall I refrain from filing I-485 now.
    >>
    >>The reason is I don't know how long it takes to approve the I-130 petition and that
    >>if filing I-485 now puts us in a shorter wait time for any kind of priority
    >>processing date (We live in Arlington, Virginia jurisdiction). If I just go with
    >>option 1) then whenever the petition is approved they can go to the Consulate in
    >>India for further processing. This could take the longer but we need the
    >>flexibility to go back to India. Your guidance would be very much appreciated &
    >>thanks a lot in Advance.

Sunny

Hi Shelley,

I can't thank you enough to clear my dilemma on the below mentioned topic. Your
site links helped me immensely. From what I see, the timing at Vermont Service
Center states

Application/Petition Currently Proces Receipt Notice Process Time Type (in Days.
From - To)

Consular Returns Current - I-130 Immediate Relative N/A 150-999

The best I think would be to have them come here in May and file I-130 along with
I-485. The F1 category processing time stated is March 1999 for Delhi (India)
Consulate this time, though I think for parents & spouses it is immediate
relative category. Also, I couldn't find out how long the processing for Consular
packet at National Visa Processing Center in Portsmouth, New Hampshire (Need the
processing time web site address) would take. I think "Consular Returns" means
what I think above.

For starters I can always file I-130 and depending on where things stand by August'02
I can think of filing I485/I131 travel doc here or file for Consular processing.

But thanks a million for your help. Please let me know your thoughts...

God Bless you & your family.

Best Regards Sunny Anand

"Shelley" <[email protected]> wrote in message
news:<[email protected] ews.com>...
    > You should read the I-130 Immigration Help Site to find out all the details of both
    > options http://www.geocities.com/immigration_helpsite/index.htm You can do either
    > option 1 or 3, option 2 is not doable, because even though you file the I-130s, it
    > would be your parents who would each have to file the I-485 for themselves, and
    > they have to be in the US to request AOS. Here are office timelines for these
    > petitions: If you file the I-130 alone and wait for Consular Processing, you will
    > use the Vermont Service Center - http://members.aol.com/MDUdall/sctimes.htm If you
    > file the I-130 and I-485 package together, you will file at your local INS office
    > http://members.aol.com/MDUdall/instimes.htm Take Care. Shelley
    >
    > "Sunny" <[email protected]> wrote in message
    > news:[email protected]...
    > > Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    > >
    > > Could you please help answer this query? This would help other netters too...
    > >
    > > I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    > > for them.
    > >
    > > However, my parents have a vistor visa to US (have visited before) and they would
    > > be visting me for 5 months starting May02.
    > >
    > > 1) Should I file I-485 at the same time when they arrive here.
    > > 2) OR can I file I-485 along with the I-130 application now.
    > > 3) OR shall I refrain from filing I-485 now.
    > >
    > > The reason is I don't know how long it takes to approve the I-130 petition and
    > > that if filing I-485 now puts us in a shorter wait time for any kind of priority
    > > processing date (We live in Arlington, Virginia jurisdiction). If I just go with
    > > option 1) then whenever the petition is approved they can go to the Consulate in
    > > India for further processing. This could take the longer but we need the
    > > flexibility to go back to India. Your guidance would be very much appreciated &
    > > thanks a lot in Advance.
    > >
    > > God Bless you all!

Sunny

Hi Sylvia,

I can't thank you enough for removing my dilemma in deciding weather to file I130 &
I485 together at Arlington, Virginia (We reside in Wash DC area) or at Vermont SC for
my parents.

If you can guide why should we wait 60 days before filing I130 & I-485 together at
local INS office after they arrivce - I am assuming it is to proove the intent was
NOT to immigrate (even though they have come here as visitors before and returned)

Also the packet for I130 says file at Vermont if you reside in Virgina but the I485
info says you file all your doicuments including I130 at the local district office.
Do we send I130 to Vermont and await Vermonts receipt and then file I485 at Arlington
or we just submit the whole packet (I130, i485, advance parole, wk permit etc.) at
Arlington TEST OR everthing at Vermont. Please advice

Thanks a million for helping your fellow netters.

May the Almighty God Bless you & your families.

Sylvia Ottemoeller <[email protected]> wrote in message
news:<[email protected]>...
    > Shelley wrote:
    >
    > > You should read the I-130 Immigration Help Site to find out all the details of
    > > both options http://www.geocities.com/immigration_helpsite/index.htm You can do
    > > either option 1
    >
    >
    > But if you do this, it would be in your parents' best interests for you and they to
    > wait at least 60 days after their entry to the U.S., and then to file Forms
    > I-130/I-485 simultaneously at your INS district office.
    >
    > or 3,
    >
    >
    > The only reason to do 3, which I assume is essentially filing the I-130s alone with
    > the INS Vermont Service Center, is if you and your parents plan to pursue consular
    > immigrant visa processing.
    >
    > option 2 is not doable, because even though
    > > you file the I-130s, it would be your parents who would each have to file the
    > > I-485 for themselves, and they have to be in the US to request AOS. Here are
    > > office timelines for these petitions: If you file the I-130 alone and wait for
    > > Consular Processing, you will use the Vermont Service Center -
    > > http://members.aol.com/MDUdall/sctimes.htm If you file the I-130 and I-485
    > > package together, you will file at your local INS office
    > > http://members.aol.com/MDUdall/instimes.htm
    >
    > > "Sunny" <[email protected]> wrote in message
    > > news:[email protected]...
    >
    > >>Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    > >>
    > >>Could you please help answer this query? This would help other netters too...
    > >>
    > >>I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    > >>for them.
    > >>
    > >>However, my parents have a vistor visa to US (have visited before) and they would
    > >>be visting me for 5 months starting May02.
    > >>
    > >>1) Should I file I-485 at the same time when they arrive here.
    > >>2) OR can I file I-485 along with the I-130 application now.
    > >>3) OR shall I refrain from filing I-485 now.
    > >>
    > >>The reason is I don't know how long it takes to approve the I-130 petition and
    > >>that if filing I-485 now puts us in a shorter wait time for any kind of priority
    > >>processing date (We live in Arlington, Virginia jurisdiction). If I just go with
    > >>option 1) then whenever the petition is approved they can go to the Consulate in
    > >>India for further processing. This could take the longer but we need the
    > >>flexibility to go back to India. Your guidance would be very much appreciated &
    > >>thanks a lot in Advance.

Sylvia Ottemoel

Sunny wrote:

    > I can't thank you enough for removing my dilemma in deciding weather to file I130 &
    > I485 together at Arlington, Virginia (We reside in Wash DC area) or at Vermont SC
    > for my parents.
    >
    > If you can guide why should we wait 60 days before filing I130 & I-485 together at
    > local INS office after they arrivce - I am assuming it is to proove the intent was
    > NOT to immigrate (even though they have come here as visitors before and returned)

I would put it this way: the reason to wait 60 days is so that INS cannot easily
accuse your parents of preconceived immigrant intent. (Their previous history of
coming and going is pretty much irrelevant.) Generally, before the 60-day mark, the
burden of proof is on your parents that they did not intend to immigrate at the time
of entry. After 60 days, the burden of proof is on INS to show that they *did* intend
to immigrate.

    > Also the packet for I130 says file at Vermont if you reside in Virgina but the I485
    > info says you file all your doicuments including I130 at the local district office.
    > Do we send I130 to Vermont and await Vermonts receipt

No. That would be a waste of time.

It is not possible to figure out the best strategy by simply reading instructions on
INS forms. There are many contingencies which cannot be covered on the forms. Also,
the instructions may be outdated. Often they are not revised for decades.

As Shelley said, you should **read the I-130 Immigration Help Site.**

and then file I485 at Arlington or we just submit the
    > whole packet (I130, i485, advance parole, wk permit etc.) at Arlington

If your parents follow the adjustment of status path, they file the I-130 and I-485
together, simultaneously, at the INS district office. If they intend to adjust in
the U.S., filing the I-130 with the INS Vermont Service Center complicates and
delays things. As I said, "The only reason to do 3, which I assume is essentially
filing the I-130s alone with the INS Vermont Service Center, is if you and your
parents plan to pursue consular immigrant visa processing." Consular immigrant visa
processing is the *other* path, the path that does not involve Form I-485 or
adjustment of status at all.

    > TEST OR everthing at Vermont. Please advice

INS Vermont does not accept family-based I-485s in general.
They will send it back to anyone who files it there.

    > Sylvia Ottemoeller <[email protected]> wrote in message
    > news:<[email protected]>...
    >
    >>Shelley wrote:

    >>>You should read the I-130 Immigration Help Site to find out all the details of
    >>>both options http://www.geocities.com/immigration_helpsite/index.htm You can do
    >>>either option 1

But if you do this, it would be in your parents' best
    >>interests for you and they to wait at least 60 days after their entry to the U.S.,
    >>and then to file Forms I-130/I-485 simultaneously at your INS district office.

Shelley

Parents are immediate relatives, so you don't have to worry about the 1st family
preference timeline. I don't have a timeline for the NVC - sorry. But if you are
going to have them file while they are here the petition and the applications (I-130,
I-485, I-864, et al; one set for each of them) will all be filed together and
processed by your local office in Arlington, and they will never go to the NVC. The
I-130 help site is best for describing the procedure.
http://www.geocities.com/immigration_helpsite/index.htm Read it carefully and be sure
your parents bring all the documentation they will need to file the paperwork. Here
is the link to the Arlington INS office - with their filing procedures
http://www.ins.usdoj.gov/graphics/fi...dc/aboutus.htm The timeline
for that office for issuing Advance Parole (travel authorization) is 15-90 days, but
if your parents need to travel before their AP is issued, they can request an
emergency AP - they would need documentation as to why they need it. I don't have a
timeline for consular processing, but if you chose that route, you should expect the
entire process to take about a year, give or take a few months (from filing the
I-130s at VSC until your parents receive their visas) to complete. Remember, once you
file the I-130s, your parents most likely will be unable to visit the US until the
process is complete, since they now have immigrant intent. And Sylvia is right, they
should wait 60 days before filing their paperwork at Arlington INS. It's called the
30/60 rule - those who enter on "non immigrant" visas then file to adjust status have
to prove they did not intend to immigrate when they entered the US, unless 60 days
have passed, then it is a non-issue. If you want to read the law, it's in this
document, somewhere in the middle http://foia.state.gov/masterdocs/09fam/0940063N.pdf
Take Care. Shelley

"Sunny" <[email protected]> wrote in message
news:[email protected]...
    > Hi Shelley,
    >
    > I can't thank you enough to clear my dilemma on the below mentioned topic. Your
    > site links helped me immensely. From what I see, the timing at Vermont Service
    > Center states
    >
    > Application/Petition Currently Proces Receipt Notice Process Time Type (in Days.
    > From - To)
    >
    > Consular Returns Current - I-130 Immediate Relative N/A 150-999
    >
    >
    > The best I think would be to have them come here in May and file I-130 along with
    > I-485. The F1 category processing time stated is March 1999 for Delhi (India)
    > Consulate this time, though I think for parents & spouses it is immediate
    > relative category. Also, I couldn't find out how long the processing for Consular
    > packet at National Visa Processing Center in Portsmouth, New Hampshire (Need the
    > processing time web site address) would take. I think "Consular Returns" means
    > what I think above.
    >
    > For starters I can always file I-130 and depending on where things stand by
    > August'02 I can think of filing I485/I131 travel doc here or file for Consular
    > processing.
    >
    > But thanks a million for your help. Please let me know your thoughts...
    >
    > God Bless you & your family.
    >
    > Best Regards Sunny Anand
    >
    > "Shelley" <[email protected]> wrote in message
news:<[email protected] ews.com>...
    > > You should read the I-130 Immigration Help Site to find out all the
details
    > > of both options http://www.geocities.com/immigration_helpsite/index.htm You can
    > > do either option 1 or 3, option 2 is not doable, because even
though
    > > you file the I-130s, it would be your parents who would each have to
file
    > > the I-485 for themselves, and they have to be in the US to request AOS. Here are
    > > office timelines for these petitions: If you file the I-130 alone and wait for
    > > Consular Processing, you will
use
    > > the Vermont Service Center - http://members.aol.com/MDUdall/sctimes.htm If you
    > > file the I-130 and I-485 package together, you will file at your local INS office
    > > http://members.aol.com/MDUdall/instimes.htm Take Care. Shelley
    > >
    > > "Sunny" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    > > >
    > > > Could you please help answer this query? This would help other netters too...
    > > >
    > > > I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    > > > for them.
    > > >
    > > > However, my parents have a vistor visa to US (have visited before) and they
    > > > would be visting me for 5 months starting May02.
    > > >
    > > > 1) Should I file I-485 at the same time when they arrive here.
    > > > 2) OR can I file I-485 along with the I-130 application now.
    > > > 3) OR shall I refrain from filing I-485 now.
    > > >
    > > > The reason is I don't know how long it takes to approve the I-130 petition and
    > > > that if filing I-485 now puts us in a shorter wait time for any kind of
    > > > priority processing date (We live in Arlington, Virginia jurisdiction). If I
    > > > just go with option 1) then whenever the petition is approved they can go to
    > > > the Consulate in India for further processing. This could take the longer but
    > > > we need the flexibility to go back to India. Your guidance would be very much
    > > > appreciated & thanks a lot in Advance.
    > > >
    > > > God Bless you all!
    >

Queen

Hi, All I can say from personal experience, my brother filed I-130 for my
parents(also immediate relative) in late Aug 01, and it took them(NVC) till Dec to
notify the approval, maybe 9/11 slowed them down a lil bit, who knows.

[email protected] (Sunny) wrote in message
news:<[email protected] om>...
    > Hi Shelley,
    >
    > I can't thank you enough to clear my dilemma on the below mentioned topic. Your
    > site links helped me immensely. From what I see, the timing at Vermont Service
    > Center states
    >
    > Application/Petition Currently Proces Receipt Notice Process Time Type (in Days.
    > From - To)
    >
    > Consular Returns Current - I-130 Immediate Relative N/A 150-999
    >
    >
    > The best I think would be to have them come here in May and file I-130 along with
    > I-485. The F1 category processing time stated is March 1999 for Delhi (India)
    > Consulate this time, though I think for parents & spouses it is immediate
    > relative category. Also, I couldn't find out how long the processing for Consular
    > packet at National Visa Processing Center in Portsmouth, New Hampshire (Need the
    > processing time web site address) would take. I think "Consular Returns" means
    > what I think above.
    >
    > For starters I can always file I-130 and depending on where things stand by
    > August'02 I can think of filing I485/I131 travel doc here or file for Consular
    > processing.
    >
    > But thanks a million for your help. Please let me know your thoughts...
    >
    > God Bless you & your family.
    >
    > Best Regards Sunny Anand
    >
    > "Shelley" <[email protected]> wrote in message
    > news:<[email protected] ews.com>...
    > > You should read the I-130 Immigration Help Site to find out all the details of
    > > both options http://www.geocities.com/immigration_helpsite/index.htm You can do
    > > either option 1 or 3, option 2 is not doable, because even though you file the
    > > I-130s, it would be your parents who would each have to file the I-485 for
    > > themselves, and they have to be in the US to request AOS. Here are office
    > > timelines for these petitions: If you file the I-130 alone and wait for Consular
    > > Processing, you will use the Vermont Service Center -
    > > http://members.aol.com/MDUdall/sctimes.htm If you file the I-130 and I-485
    > > package together, you will file at your local INS office
    > > http://members.aol.com/MDUdall/instimes.htm Take Care. Shelley
    > >
    > > "Sunny" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Dear Visa Gurus & Dale Schawrtz & Respected Attorneys,
    > > >
    > > > Could you please help answer this query? This would help other netters too...
    > > >
    > > > I am a US Citizen I need to sposnsor my parents for GC. I would be filing I-130
    > > > for them.
    > > >
    > > > However, my parents have a vistor visa to US (have visited before) and they
    > > > would be visting me for 5 months starting May02.
    > > >
    > > > 1) Should I file I-485 at the same time when they arrive here.
    > > > 2) OR can I file I-485 along with the I-130 application now.
    > > > 3) OR shall I refrain from filing I-485 now.
    > > >
    > > > The reason is I don't know how long it takes to approve the I-130 petition and
    > > > that if filing I-485 now puts us in a shorter wait time for any kind of
    > > > priority processing date (We live in Arlington, Virginia jurisdiction). If I
    > > > just go with option 1) then whenever the petition is approved they can go to
    > > > the Consulate in India for further processing. This could take the longer but
    > > > we need the flexibility to go back to India. Your guidance would be very much
    > > > appreciated & thanks a lot in Advance.
    > > >
    > > > God Bless you all!
    >

Rajeev Tipnis

Ok so what happens in the following case:

Parent arrives in the US on visitor visa
She is given I-94 for 6 months
One files for I-130 and I-485 after 60 days
6 months are about to expire and I-130 is still pending

Should one:
1) Go back to the country after I-94 expires?
i) However, how does I485/AOS happen in that case - in
the consular and how long does it take compared to here?
ii) What if, the I-130 gets approved on the very last day ?

2) Try and extend I-94 by applying for an extension.


Are parents considered "immediate relatives" ? How long does it take for "immediate relatives" to get their I-130 part of the I130+I485 approved ?

Thanks in advance

Shelley

Once you file the I-130/I-485 AOS paperwork together at your local INS office, and
your receive your little grocery store style receipt - which is your only proof of
filing so keep it safe - the parent is no longer a visitor but has status to remain
in the US as an immigrant awaiting adjustment. The I-130 and I-485 are processed
together and the parent will remain in status until the AOS interview, no matter if
the interview is 6 months or 4 years later. After the interview went the parent
receives the I-551 stamp in his/her passport he/she will be a Permanent Resident.
Parents are immediate relatives and can file for AOS from a visitors visa - but if
they wish to travel outside the US while the AOS is pending they must get Advance
Parole - you will need to file an I-131. Even if they have a valid tourist visa once
they have filed for AOS the tourist visa is no longer valid and should never be used.
If the parent leaves the US without Advance Parole and before the AOS interview the
petition is considered abandoned, and you would have to start all over again by
filing the I-130, waiting for approval, then waiting for consular processing, all of
which would take around a year to complete. For all the details see the I-130
Immigration Help Site http://www.geocities.com/immigration_helpsite/index.htm Take
Care. Shelley

"Rajeev Tipnis" <[email protected]> wrote in message
news:[email protected]...
    > Ok so what happens in the following case:
    >
    > Parent arrives in the US on visitor visa She is given I-94 for 6 months One
    > files for I-130 and I-485 after 60 days 6 months are about to expire and I-130
    > is still pending
    >
    > Should one:
    > 1) Go back to the country after I-94 expires?
    > i) However, how does I485/AOS happen in that case - in the consular and how
    > long does it take compared to here?
    > ii) What if, the I-130 gets approved on the very last day ?
    >
    > 2) Try and extend I-94 by applying for an extension.
    >
    >
    > Are parents considered "immediate relatives" ? How long does it take for "immediate
    > relatives" to get their I-130 part of the I130+I485 approved ?
    >
    > Thanks in advance
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Rajeev Tipnis

My confusion was regarding the I-130 part of the I130+I485.

I understand that even if one files I-130 and I-485 together, I-130 processing happens first - and until I-130 is approved, one is not really in the AOS stage yet.

But from your reply it appears that that is not the case and that if one applies for I-130 and I-485 together, it is considered in that one can not leave the country.

Sylvia Ottemoel

Rajeev Tipnis wrote:

    > My confusion was regarding the I-130 part of the I130+I485.
    >
    > I understand that even if one files I-130 and I-485 together, I-130 processing
    > happens first - and until I-130 is approved, one is not really in the AOS
    > stage yet.

If INS accepts an I-485 for filing, the applicant is an I-485 applicant. The
applicant is "in the AOS stage."

    > But from your reply it appears that that is not the case and that if one applies
    > for I-130 and I-485 together, it is considered in that one can not leave the
    > country.

The I-130/I-485 applicant is eligible for advance parole immediately after filing,
unless of course there is some other reasons that the person should not leave the
U.S., for example having engaged in unlawful presence in the U.S., which would
subject the person to the 3 or 10 year bar if he or she were to leave the U.S.

The simultaneous filing of the I-130 and the I-485 is a special privilege, only
possible for immediate relatives. In the family-based preference categories, the
I-130 must be filed and approved, and the priority date must be current, before INS
will accept the I-485 for filing.

Shelley

When you and your parent file the I-130/I485 together at your local office, your
parent can also file the I-765 for an EAD card (work authorization), and the I-131
for Advance Parole (travel authorization). As I said in the last post, the I-130 and
I-485 will be processed together, but during processing the parent may work with an
EAD card, or travel with Advance Parole. Take Care. Shelley

"Rajeev Tipnis" <[email protected]> wrote in message
news:[email protected]...
    > My confusion was regarding the I-130 part of the I130+I485.
    >
    > I understand that even if one files I-130 and I-485 together, I-130 processing
    > happens first - and until I-130 is approved, one is not really in the AOS
    > stage yet.
    >
    > But from your reply it appears that that is not the case and that if one applies
    > for I-130 and I-485 together, it is considered in that one can not leave the
    > country.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com