File I130 question

[Guest z3c0]

Can anyone help me with this question:

 

Once I filed I130 for my parents in China to get Green Card, can they still apply for B-2 visa come to USA to visit me during the waiting period?

 

Thanks!

[keelec]

I have heard that it is nearly impossible to get a visa that requires no immigration intent once one has already declared an immigration intent.

 

There is also something about abandoning one application when a second one is filed.

 

Maybe someone has real experience with this, but they may have to just wait it out.

 

----- Clifford ------

[Guest z3c0]

Thank you very much for your prompt answer.

 

I think I'd better to wait until they come to US again and file I485 for them. Got another question, if I do I485 first for my mom when she is here since my dad is still in China, and then do I485 later for him when he comes. Any concern? And in what stage they can go back to china after filing I485?

 

Thanks!

[keelec]

Check what kind of visa the I-130 gets them (since there is not an equivalent I-129).

 

For spouses, I believe that both I-130 (CR1?) and I-130 followed by I-129 (K3) both give multiple entry visas without the need for filing Advanced Parole.

 

Don, or King might have better information.

 

You could also either call BCIS, or consult an immigration attorney (the first visit is normally free).

 

K1 and K3 visas normally must be used within 6 months. I would assume that your inlaw's visas will be similar. Assuming that both of your parents applied at the same time, your father in law might have to follow shortly after your mother in law.