Filing for a parent concurrently (I-130 and I-485). Need help.

clobe

Registered Users (C)
Hello, have read the sticky however many of the links no longer work, so I could really use some help here, I am applying for one of my parents only:
1. Since my parent is in the US I assume I can file the I-130 and I-485 concurrently? However Part 2 of the I-485 form section a. requires attaching the approval notice. Since I would file concurrently I wouldn't have an approval notice for the visa number to attach. So I assume sending the I-130 together would be sufficient and explanatory?
2. Would like to know if send the I-846 at the same time as I-130 and I-485?
3. I assume that a G325-A is only required for my parent (and not me)? And that it must also be sent at the same time as I-130 and I-485?
4. Fees: there is a $420 fee for the I-130 and a $985 fee for I-485 - do I cut separate checks for these or combine into one check?
5. Birth Certificate: my parent does not have one, is the eldest child, does not have any surviving parents or relatives. What do I have to submit? Will submitting one affidavit from me (the USC child) be sufficient?
6. Do I submit I-693 (medical) along with all the above? When should this form be completed - is there a min number of days it must be gotten before of the day of filing? How long does is usually take? What about the vaccinations - I don't think we have any for my parent.
7. Is a police clearance needed? On the I-485 instructions it says if you are applying as a member of a special class read the supplement form - what is that form?
Am I missing anything?
 
Hello, have read the sticky however many of the links no longer work, so I could really use some help here, I am applying for one of my parents only:
1. Since my parent is in the US I assume I can file the I-130 and I-485 concurrently? However Part 2 of the I-485 form section a. requires attaching the approval notice. Since I would file concurrently I wouldn't have an approval notice for the visa number to attach. So I assume sending the I-130 together would be sufficient and explanatory? INCLUDE A COVER LETTER EXPLAINING CONCURENT FILING.
2. Would like to know if send the I-846 at the same time as I-130 and I-485? YES, SEND I-864 NOW.
3. I assume that a G325-A is only required for my parent (and not me)? And that it must also be sent at the same time as I-130 and I-485? YES, G-325A IS REQUIRED ONLY FOR THE PARENT. SEND IT NOW.
4. Fees: there is a $420 fee for the I-130 and a $985 fee for I-485 - do I cut separate checks for these or combine into one check? SEND SEPARATE CHECKS. MAKE SURE THAT I-485 FEES ARE CORRECT AND INCLUDE BIOMETRIC FEES. APPLICANTS 79 YEARS OR OLDER DO NOT HAVE TO PAY BIOMETRIC FEES.
5. Birth Certificate: my parent does not have one, is the eldest child, does not have any surviving parents or relatives. What do I have to submit? Will submitting one affidavit from me (the USC child) be sufficient? NO, YOU CANNOT SUBMIT AFFIDAVIT, IT HAS TO BE FROM SOME OTHER RELATIVE. IF OLDER RELATIVES ARE NOT ALIVE, YOUNGER RELATIVES CAN MAKE AFFIDAVIT. A LETTER OF NON AVAILABILITY OF BIRTH CERTIFICATE FROM A REGISTRAR OF BIRTH IS MANDATORY.
6. Do I submit I-693 (medical) along with all the above? When should this form be completed - is there a min number of days it must be gotten before of the day of filing? How long does is usually take? What about the vaccinations - I don't think we have any for my parent. SUBMITTING I-693 NOW WILL SPEED UP PROCESSING. YOU CAN SEARCH USCIS.GOV WEBSITE FOR A LIST OF DOCTORS IN YOUR AREA DESIGNATED TO PERFORM MEDICAL EXAM FOR USCIS. SEE:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
DOCTOR WILL DETERMINE WHAT VACCINATIONS ARE REQUIRED. IT TAKES AROUND 3-5 DAYS FROM FIRST VISIT TO GET THE REPORT FROM THE DOCTOR. I THINK REPORT CANNOT BE OLDER THAN 6 MONTHS.
7. Is a police clearance needed? On the I-485 instructions it says if you are applying as a member of a special class read the supplement form - what is that form? NO POLICE CLEARANCE IS NEEDED. APPLICANT WILL BE FINGERPRINTED AND IT WILL BE CHECKED WITH FBI RECORDS.
Am I missing anything? IF YOUR PARENT IS LIKELY TO TRAVEL OUT OF US WHILE THE APPLICATION IS PENDING, ALSO FILE I-131 FOR ADVANCE PAROLE. IF THE PARENT WANTS TO GET A SOCIAL SECURITY NUMBER OR WORK OR GET A US ISSUED PHOTO ID (EMPLOYMENT AUTHORIZATION CARD), FILE I-765. THESE FORMS DO NOT NEED ADDITIONAL FEES AND IT IS A GOOD IDEA TO FILE THEM.
 
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5. Birth Certificate: my parent does not have one, is the eldest child, does not have any surviving parents or relatives. What do I have to submit? Will submitting one affidavit from me (the USC child) be sufficient? NO, YOU CANNOT SUBMIT AFFIDAVIT, IT HAS TO BE FROM SOME OTHER RELATIVE. IF OLDER RELATIVES ARE NOT ALIVE, YOUNGER RELATIVES CAN MAKE AFFIDAVIT. A LETTER OF NON AVAILABILITY OF BIRTH CERTIFICATE FROM A REGISTRAR OF BIRTH IS MANDATORY.

Thank you so much for your reply. What is a "REGISTRAR OF BIRTH"? Can you explain this? I have no idea where to start on this. Keep in mind that my parent has been in the US since 1998, has no relatives or anyone in the home country.

Also what kind of relative does this person have to be? Will younger sister of my parent suffice? How many affidavits are needed? Do they need to be notarized? Do they need to be original (not copies) I ask because the sister is in a different country.

DOCTOR WILL DETERMINE WHAT VACCINATIONS ARE REQUIRED. IT TAKES AROUND 3-5 DAYS FROM FIRST VISIT TO GET THE REPORT FROM THE DOCTOR. I THINK REPORT CANNOT BE OLDER THAN 6 MONTHS.

Do you know where it says that? I can't find a place where it says how fresh the medical stuff needs to be...

7. Is a police clearance needed? On the I-485 instructions it says if you are applying as a member of a special class read the supplement form - what is that form? NO POLICE CLEARANCE IS NEEDED. APPLICANT WILL BE FINGERPRINTED AND IT WILL BE CHECKED WITH FBI RECORDS.

How do I get a police clearance - do I get this from the US? My parent is living in USA since 1998. Or do I have to get it from the home country? Where do I go to get this?

Am I missing anything? IF YOUR PARENT IS LIKELY TO TRAVEL OUT OF US WHILE THE APPLICATION IS PENDING, ALSO FILE I-131 FOR ADVANCE PAROLE. IF THE PARENT WANTS TO GET A SOCIAL SECURITY NUMBER OR WORK OR GET A US ISSUED PHOTO ID (EMPLOYMENT AUTHORIZATION CARD), FILE I-765. THESE FORMS DO NOT NEED ADDITIONAL FEES AND IT IS A GOOD IDEA TO FILE THEM.

My parent has no intent to travel outside the US. So I do not plan to file the I-131. However, I would like to file the I-765 -- do I send this file off in the same package? Or completely separate? Thank you so much again! Waiting to hear back.
 
Thank you so much for your reply. What is a "REGISTRAR OF BIRTH"? Can you explain this? I have no idea where to start on this. Keep in mind that my parent has been in the US since 1998, has no relatives or anyone in the home country.
This is the government authority in your parent's place of birth that is responsible for registering births. Which country was your parent born?

Also what kind of relative does this person have to be? Will younger sister of my parent suffice? How many affidavits are needed? Do they need to be notarized? Do they need to be original (not copies) I ask because the sister is in a different country.
Younger sister will suffice. Two affidavits are required, both must be notarized. Only copies will have to be submitted with the application, original required if parent is called for an interview. Any secondary evidence of birth like school records, church records, etc. are useful if they are issued in the past.
Do you have your birth certificate with your parent's names on it? This is the primary proof for a parent-child relationship between you and your parent. This is required as supporting document for I-130, along with proof of your US citizenship (US passport or US birth certificate or certificate of naturalization).



Do you know where it says that? I can't find a place where it says how fresh the medical stuff needs to be...
Sorry medical report cannot be older than 12 months, not 6 months. See http://www.uscis.gov/i-693 under special instructions.


How do I get a police clearance - do I get this from the US? My parent is living in USA since 1998. Or do I have to get it from the home country? Where do I go to get this?
You don't have to do anything, USCIS will obtain this clearance for you. Was your parent legally admitted to the US in 1998? Do you have proof of his legal admission (immigration stamp or I-94 in passport)? You will need this legal proof in order to file I-485.

My parent has no intent to travel outside the US. So I do not plan to file the I-131. However, I would like to file the I-765 -- do I send this file off in the same package? Or completely separate? Thank you so much again! Waiting to hear back.

File I-765 together in the same package.
 
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Thank you so much for your reply. What is a "REGISTRAR OF BIRTH"? Can you explain this? I have no idea where to start on this. Keep in mind that my parent has been in the US since 1998, has no relatives or anyone in the home country.
This is the government authority in your parent's place of birth that is responsible for registering births. Which country was your parent born?
Also what kind of relative does this person have to be? Will younger sister of my parent suffice? How many affidavits are needed? Do they need to be notarized? Do they need to be original (not copies) I ask because the sister is in a different country.
Younger sister will suffice. Two affidavits are required, both must be notarized. Only copies will have to be submitted with the application, original required if parent is called for an interview. Any secondary evidence of birth like school records, church records, etc. are useful if they are issued in the past.

Parent was born in BD. Parent has no ties to the home country, both parents of my parent (grandparents) are deceased, as well as an only sister of parent's mom is also deceased, parent's father was only child (no aunts and uncles on that side of the fam). Only sister of parent is living abroad (not in home country). So not sure where I will get a 2nd affidavit? Can a child who is not the petitioner file an affidavit (basically they would not have been around during birth, but neither would the younger sister) so will that work? Is date of birth on passport sufficient? As for school records, BS degree cert is in foreign language and no birth date is on there. Basically I have no secondary form of birth date proof.


Do you have your birth certificate with your parent's names on it? This is the primary proof for a parent-child relationship between you and your parent. This is required as supporting document for I-130, along with proof of your US citizenship (US passport or US birth certificate or certificate of naturalization).

I have a birth cert that was issued well after my birth (recently) by the City Corp (It's called an extract from registrar of birth) which does show my parent's names. During my AOS this was not accepted and I needed affidavits -- so not sure if this going to be good enough - but that's what I plan to use. My parent also has an old passport which shows my name as an accompanying child. I was going to provide a copy of that.

How do I get a police clearance - do I get this from the US? My parent is living in USA since 1998. Or do I have to get it from the home country? Where do I go to get this?
You don't have to do anything, USCIS will obtain this clearance for you. Was your parent legally admitted to the US in 1998? Do you have proof of his legal admission (immigration stamp or I-94 in passport)? You will need this legal proof in order to file I-485.

Okay thanks so if I might double check I DO NOT have to do anything about the police clearance? Yes I have proof of legal admission original I-94 and extension of legal status. I think I am okay there. Waiting to hear back from you, thanks again.
 
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For your parent you can try one affidavit and other provide secondary evidence like an old passport, employment records, early school records, voter registration records, ration card (if that was something issued in BD).

Bigger problem is your birth certificate. If it was recently issued and was NOT accepted for your green card, is won't be accepted for your parent's relationship either. You will have to provide secondary evidence showing your relation to your parent (early school records, old passports, ration card, etc.) and also include affidavit (from your aunt). USCIS will require a clear evidence of your parent's relationship to you since you are requesting permanent residence for your parent based on this relationship.

If I understand correctly, your parent is living out of status in the US for over 13 years. Did he work (without authorization)during these years? Adjustment of status is possible only if he did not seek unauthorized employment and was admitted properly.

You don't have to do anything for police clearance. It is required only if your parent seeks an immigrant visa in his home country (which does not apply in his case). USCIS will fingerprint your parent and check fingerprint records maintained by FBI. IF your parent is older than 79 years, this step is waived.
 
For your parent you can try one affidavit and other provide secondary evidence like an old passport, employment records, early school records, voter registration records, ration card (if that was something issued in BD).

I have affidavits attesting the fact that I am the child of my parent, so I can use those in addition. However my birth cert wasn't provided and neither did I require a non-availability letter during my AOS. So not sure why my parent now requires a non-availability letter. My parent never worked in the states and was admitted legally, just lost status due to immigration attorney messing up.

Anyways, do you think a younger sister sending a affidavit is of any use -- since they obviously were not there when my parent was born? This is the real question....
 
I read on murthy(dot)com/485faq.html: "If the birth certificate was registered late, the client should provide affidavits as described above." Is this a must?

Since my parent has no Birth Cert, even if we "register" their birth it would well after the fact and only for this application process. So does this mean a birth registration alone is not sufficient?
 
IF THE PARENT WANTS TO GET A SOCIAL SECURITY NUMBER OR WORK OR GET A US ISSUED PHOTO ID (EMPLOYMENT AUTHORIZATION CARD), FILE I-765. THESE FORMS DO NOT NEED ADDITIONAL FEES AND IT IS A GOOD IDEA TO FILE THEM.

Wondering if someone can help with the questions on the I-765 form which I am not sure how to ans:

1. What USCIS Office/Date -- what do I put here?
2. Results (Granted or Denied) -- what are they referring to here? Do I leave it blank or type in "concurrent filing"?
3. For ques 16 do I just put (c)(9) ?
 
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Filing Fees - can some one confirm I am not missing anything??

Wondering if I am missing anything:

Forms/Fees
  • G-325 $0
  • I-693 $0
  • I-864 $88
  • I-765 none (concurrent with I-485)
  • I-130 $420
  • I-485 $1070 $985 + $85 biometric fee


Should All checks be payable to Department of Homeland Security?
 
Wondering if I am missing anything:

Forms/Fees
  • G-325 $0
  • I-693 $0
  • I-864 $88
  • I-765 none (concurrent with I-485)
  • I-130 $420
  • I-485 $1070 $985 + $85 biometric fee


Should All checks be payable to Department of Homeland Security?

List is correct except for these:

There is no fee for I-864.

Include I-131 if there is any plan to travel anywhere outside of USA while application is pending. There is no additional fee and requires just 1 or 2 photographs.

Include one check for $1070, another for $420. These forms are processed separately and it is a good indea to pay fees separately.
 
Wondering if someone can help with the questions on the I-765 form which I am not sure how to ans:

1. What USCIS Office/Date -- what do I put here?
2. Results (Granted or Denied) -- what are they referring to here? Do I leave it blank or type in "concurrent filing"?
3. For ques 16 do I just put (c)(9) ?

This is for question 11. If EAD was previously applied for, date/place applied and if it was issued or denied.
 
No updates for a long time...

I applied back in 06/27/2012 (PD) for my parent and have heard nothing since case transfer to CSC back on 07/19. (note: EAD was received & AP was not applied for) I thought it took about 5 months, is it taking longer for everyone? Appreciate any insight.
 
I applied back in 06/27/2012 (PD) for my parent and have heard nothing since case transfer to CSC back on 07/19. (note: EAD was received & AP was not applied for) I thought it took about 5 months, is it taking longer for everyone? Appreciate any insight.

Do you have case number for each application? Did USCIS send receipt notices for I-130 and I-485? Was the applicant fingerprinted?
Did you check USCIS case status online?
 
Do you have case number for each application? Did USCIS send receipt notices for I-130 and I-485? Was the applicant fingerprinted?
Did you check USCIS case status online?

Yes. Yes. Yes and Yes (both show "Initial Review").
 
You might want to check the processing time for I-485 for your field office by going to this link: https://egov.uscis.gov/cris/processTimesDisplayInit.do

If the current processing date is pass the date that you filed then you might want to make an InfoPass appointment at your local field office to speak with an Immigration Officer regarding the status of your case.
 
Hi All, I'm seeking some help in the following:
My mother has legally entered the US on March 14, 2015 as a visitor with the permitted stay until Sept13,2015
Am I required to wait a certain period of time until I can file concurrently I-130 and I-485 or I can file those forms concurrently right away?
If her original birth certificate is not available and can not be obtained, will the official letter from the appropriate regulatory agency stating her origin be sufficient as a secondary evidence ?
Some forms ask for A number (Alien Number). If she is a visitor, I suppose she does not have A number. In that case what do I put in the box ?
I-485 , part 2 box a) is asking to provide an approved relative petition if checked. If filing concurrently, do I still check box a) or leave blank, and what do I attach if I-130 is filed at the same time

Thanks
 
My mother has legally entered the US on March 14, 2015 as a visitor with the permitted stay until Sept13,2015
Am I required to wait a certain period of time until I can file concurrently I-130 and I-485 or I can file those forms concurrently right away?
She is eligible to file I-130 and I-485 at any time. However, there is the separate question of did she lie about her intent when she entered. People entering as visitors must not have preconceived intent to file Adjustment of Status in the U.S. during this trip at the time they enter. The fact that she wants to do this just a few days after entering makes it highly suspicious that she had intent to do this when she entered.

If her original birth certificate is not available and can not be obtained, will the official letter from the appropriate regulatory agency stating her origin be sufficient as a secondary evidence ?
Not sure about this. What's acceptable will vary depending on the country.

Some forms ask for A number (Alien Number). If she is a visitor, I suppose she does not have A number. In that case what do I put in the box ?
She will not have an A-number at this point, because she has not gone though any part of the immigration process before.

I-485 , part 2 box a) is asking to provide an approved relative petition if checked. If filing concurrently, do I still check box a) or leave blank, and what do I attach if I-130 is filed at the same time
Yes, check box a.
An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
 
Hi.
Moy mom is 76 years old and she is going to visit us soon. We are thinking about filling out forms for her for Green Card. My question is: does she need to get police report from the country she lives before she comes here if on the time we send all papers to USCIS she will be here for almost 6 months? Does she need to bring with her records about all vaccinations from childhood till now or only her age appropriate vaccines records?
Thank you
 
Hi, I need help with the following:
Both of my parents would like to stay in the US after they came to visit, so we would like to apply for them.

On the the I-130 section C, number 2 is asking for an address, do I write their address outside of the US or the current address in the US? they have only been here for a little over 2 months.

In the same section, number 15 is asking for name and address of present employer, as well as date it began. Since we want them to stay, they are in the process of selling their business over there, should I write N/A or write as if they still own the business. Same goes for the I-485 part 3, letter A where is asking for current occupation, is it better to write retired or something else? Would that affect their acceptance or denial?

Also, on the I-485 part 2, since I am applying for my parents together with the I-130, do I check (a). I read earlier that is best to write a cover letter together with it explaining concurrent with the I-130. Is there a sample letter that I can follow on how exactly to write it?

I also hear from someone that instead of the G-325A, biographic information, we have to file for something similar to it for parents. (is the G-325A only for spouse petitioning?)

Do I have to provide double copy of evidence and proof if I am applying for both parents at the same time with separate I-130, I-485, I-864, and etc. or can I just submit for both parents at the same time (separate I-130, I-485, I-864, etc.) with the same evidence, meaning one copy of each evidence and proof?

My parents also do not have a birth certificate, so they went to their country of birth registry to get evidence stating that they were born there and that certificates were non- existence at that time. Do they still need any other proof, such as an affidavit from someone else?

Lastly, they were born in another country other than the current country of residency, do they need to get police clearance or good conduct letter from both countries?

Thank you so much for your help!!
 
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