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Can I file petition for my parent who are currently in US through tourist visa?
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Shitu
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Hi everyone, hope you all enjoying summer. Anyone who have been through situation like mine or knows about it, please suggest me. My parents are here thorough tourist visa and they will go back in 1.5 month. I just got my citizenship and wondering if form I-130 is the only thing I need to fill out. I heard rumors that once I apply for them, they wont be able to go back or will need to fill other forms too. I checked the USCIS website and found that they would require to fill out other forms only if they want to change their status and not return back to Nepal immediately, which is not true in my case, as they will go back to Nepal, and return here only after the petition is successful. Please help me for clarification on this matter. Thanks to everyone.
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sara_solta11
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Shitu,
There are two ways to sponsor parents by us citizens older than 21 years.
a. Consular Processing : for parents living outside USA
b. Adjustment of Status (AOS) : for parents presented in USA legally.

Since your parents are here already you can file AOS (form I-485) at the time you are filing I-130 petition. It is not recommended to travel during process of AOS but USCIS provides advance parole to travel if requested.
If I understood correctly your parents want to go back to Nepal ("return here only after the petition is successful"). If they want to get back to US after their petition is successful why they are willing to go to Nepal if they can get their GC staying here? AOS is benefit given to beneficiaries get their status changed without leaving USA.
Hope it helps.
https://www.quora.com/Will-parents-of-US-citizens-get-a-US-citizenship


P.S: Above is not a legal advice, merely an experience.
gaulejetho
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Good Question:
If your parents willing to go back Nepal with in one year do not file I 485 and I 130. Once you file they need to stay within country (who knows) until petition approved.
My experience do not file I 130 / I 485 concurrently , I 485 rejected saying send the proof of I 130 on progress. so first file I 130 then after file I 485 with receipt of I 130 acceptance .
Another point file EAD, Travel document and I 485 together because they do not cahrge extra fee for EAD and travel document, if you file separate you need to pay again.
My parents did finger prints last week for I 485 lets see how long it takes they are also in visit visa and I am US citizen.
good luck
Shitu
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Thanks to both of you for the information. I plan to fill out only form I-130 now because my parents really wanna go Nepal before Dashain. Also Form I-185 is costly, $1140, so my plan is to fill out only I-130 now. My only confusion is, like Gaulejetho mentioned, is it problematic to travel to Nepal while I petition for them, i.e file I-130 form. If it is really problematic, I can wait until my parents return back to Nepal( like a month later) .The thing is my father is working now, he is not making a lot though, but still it helps. I hope you guys understand what I am trying to do. Please suggest me. Thanks again for sharing your experience and knowledge.
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