how old is he?

he’s 9

did you file both i-130 and i-485 ot only i-130?

I’m the process of doing the I-130

he’s been here 5 months now because of COVID-19. I need to take him back soon before the 6 months.

you can file both the i-130 and i-485 concurrently since he is the immediate relative (child) of a us citizen. once you file this before his I-94 expires, he has to stay in the US untill he gets his green card and will still be in legal status.

once I submit the documents in two weeks can he go back home in March and stay for 3 weeks and come back?

once you submit both the I-130 and i-485, your child has to remain in the US until he gets his green card. If he leaves, the application is considered abandoned. If there is something he has to back home, he has to apply for advance parole (form i-131) before he can travel . He doesn't need to travel if you submit both documents since he will be adjusting status here in the US and not through consular processing.

Thank you so much for all this helpful information.

you have been so amazing.

you're welcome

or you can file the I-130 first then take him home if you want to, then when you guys return file the I-485 I have friends that did it this way