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My wife and I are both USC and want to know if my wife can file for her mother while she is visiting us here on a visitors visa. Her five year multiple visa will expire on Jan. 31, 2005. She has visited us in the past and only on one occasion over stayed in the US by three months. She was asked about her over stay when she came her before and satisfied the Customs and INS officer at the airport. She never worked in the US and has no bad record. Can my wife file for her I-130 and I-485 together or is it going to create problems for her if we just file for her I-130 now and upon its approval file her I-485 on a future date? Do we need to still apply for the extension of her visitor visa if she is waiting for the approval of I-130? Is there a clear advantage in filling the I-130 and I-485 in the INS Dallas office together or it doesnt matter in her case because her case doesnt require the visa numbers for Family Based Green Cards? Is she going to get some advantage with the DORA program at the Dallas INS office? There is one more twist in this case and it is related to the tax papers of my wife as she recently started working and doesnt have her own income tax papers to report for the last 3 years? Even though she was not working, I filed my income tax paper jointly. Are those papers valid to use in wifes mother case? Will the use of those papers make me a co-sponsor or not?

Thanks!

Guys and Gals, please help me and answer my questions to best of your knowledge. Many thanks.

Guys and Gals, please help me and answer my questions to best of your knowledge. Many thanks. As far as I know, your wife can file for her form I 130 and I 485 together. If you get receipt notice of it before her visa expires then she is good to go. She dont need to go back and not need to extent the visitor visa. As far as tax returns concern, you can file in support of your wife though your wife will be the sponsorer and you wil file I 864 A to support her. Only thing is I think you dont have enough time to gether all documents and file so that you can get receipt notice by end of Jan. This is what I can say best by my knowledge.

[QUOTE=kupurr]My wife and I are both USC and want to know if my wife can file for her mother while she is visiting us here on a visitors visa. Her five year multiple visa will expire on Jan. 31, 2005. She has visited us in the past and only on one occasion over stayed in the US by three months.
Overstay ? (without ext of stay)? Can be questioned though may not be major problem.
She was asked about her over stay when she came her before and satisfied the Customs and INS officer at the airport. She never worked in the US and has no bad record. Can my wife file for her I-130 and I-485 together or is it going to create problems for her if we just file for her I-130 now and upon its approval file her I-485 on a future date?
File together. No brainer. Also apply for AP or/and EAD if there is any possibility she might be required to make a trip to India or work here or need a SSN
Do we need to still apply for the extension of her visitor visa if she is waiting for the approval of I-130?
No. She is OK if you have proof they received her application before 31 Jan
Is there a clear advantage in filling the I-130 and I-485 in the INS Dallas office together or it doesnt matter in her case because her case doesnt require the visa numbers for Family Based Green Cards? Is she going to get some advantage with the DORA program at the Dallas INS office?
Do not know
There is one more twist in this case and it is related to the tax papers of my wife as she recently started working and doesnt have her own income tax papers to report for the last 3 years? Even though she was not working, I filed my income tax paper jointly. Are those papers valid to use in wifes mother case?
Yes
Will the use of those papers make me a co-sponsor or not?
You will have sign as a cosponsor anyway as your wife apparently does not meet the income criteria