GC for Parents - AOS and CP - Information Source

[rk9465]

some questions on I-130

i tried to do a thorough search on this and read thru a good amount of the pages of this thread but I could not find the answer, so sorry if this is a repeat.

On the I130, when they asked for the beneficiary's address (item 2), should I put their address where they are in the US right now (since they are visiting and I will be filing for AOS) or do I put the home country address there?

In item 17, where they ask to list spouse/children of your relative, is this only for ppl that I will be applying for, or all children in general. My brothers are older than 21 and not dependent on my father. Should I mention their names?

In item 18, should the address where they intend to live be with me, or can I put the address of my brother (on h1) who they live with in the same state?

Thanks in advance for the clarifications!

 

[Anahit]

On the I130, when they asked for the beneficiary's address (item 2), should I put their address where they are in the US right now (since they are visiting and I will be filing for AOS) or do I put the home country address there?

The US address, since they intend to stay here.

In item 17, where they ask to list spouse/children of your relative, is this only for ppl that I will be applying for, or all children in general. My brothers are older than 21 and not dependent on my father. Should I mention their names?

Just like it says: "List husband/wife and all children of your relative", including yourself. Btw, there are no beneficiaries in parents cases, at least not now.

In item 18, should the address where they intend to live be with me, or can I put the address of my brother (on h1) who they live with in the same state?

The address where they intend to live: they don't have to leave with their petitioner.

 

[rk9465]

thanks a lot Anahit..

 

[Dawn123]

Sonu,

I don't know much about G4 visa, but I guess I765 EAD gives you more flexibilities, such as changing jobs freely.

Yes, you need to file I864 and I693 together with I485.

Dawn123,
Thanks for your response J That was very helpful. Can you also tell me a couple of more things? My dad is already working – so do I still fill out form I-765(EAD Form) for him? My mom is a stay-at-home mom – I guess I need not fill this form out for her? In addition, do I also file forms I-864 (affidavit of support) and I-693(Medical) along with I-485 ? I am assuming separate forms for mom and dad?

Thanks for all your help,
Sonu

 

[bookreader]

Birth Certificate question

Hello All,

I am planning to apply for my Father's GC. He is 65 years of age. He was born in a very small village back in India. Hence his birth was not registered at the municipal office and he did not have a birth certificate. Since he had other documents stating his place of birth and names of his parents, such as school leaving certificate, the municipal office allowed him to register his birth and issued him a birth certificate with date of registration and date of issue as 04/24/2007. Will this date be a problem for his GC approval??

Thanks
Bookreader

 

[Sal]

Important Question on I-130 AOS filling - appreciate your inputs

Hello Gurus:

I became a US citizen in Sept 2006. My parents are Indian citizens. I want to apply for a GC for my parents. My parents will be arriving in the US on June 6'th 2007. I wanted to check if I can use the I-130/I-485 concurrent processing route, as soon as my parents arrive in the US. I wanted to have advice on the following from you all GC gurus:

Is is necessary to wait for 60 or 90 days, after my parents arrive in the US, in order to apply for I-130/I-485 concurrent processing. I was told by a friend that applying for I-130/I-485, immediately after my parents in the US, will be considered an intent for fraud. My friend suggests that that will be the case, as my parents will be arriving on a visitors (i.e. non-immigrant) visa. This friend suggested that it is important to wait, for 60 to 90 days, after my parents arrive in the US. That way, it will be justifiable to apply to for my parents GC, as enough time has passed to warrant a change in plans and situation.

IS THIS REALLY THE CASE? OR, IS IT REALLY NOT NECESSARY TO WAIT FOR 60-90 DAYS, AFTER MY PARENTS ARRIVE IN THE US, BEFORE I APPLY FOR MY PARENTS' I-130/I-485 concurrent processing? DOES ANYONE HAVE ANY FIRST HAND EXPERIENCE ON THIS?

The second question is if I do have to wait the 60-90 days, how will this new bill that has come up in the Senate (which redefines parents as not family) affect me. Will it pass before the 60-90 days are over, thus destroying my chances for applying for my parents' GC?

It is more important that my parents get their GCs, rather than salvage this current trip to the US. Thus, given this situation, is it better that I simply cancel my parents' trip to the US and apply for their GCs immediately, using the CP route in India?

Gratefully awaiting your kind inputs.

Very deslote
-SAL

 

[Dawn123]

Sal, please see my reply below.

Hello Gurus:

I became a US citizen in Sept 2006. My parents are Indian citizens. I want to apply for a GC for my parents. My parents will be arriving in the US on June 6'th 2007. I wanted to check if I can use the I-130/I-485 concurrent processing route, as soon as my parents arrive in the US. I wanted to have advice on the following from you all GC gurus:

Is is necessary to wait for 60 or 90 days, after my parents arrive in the US, in order to apply for I-130/I-485 concurrent processing. I was told by a friend that applying for I-130/I-485, immediately after my parents in the US, will be considered an intent for fraud. My friend suggests that that will be the case, as my parents will be arriving on a visitors (i.e. non-immigrant) visa. This friend suggested that it is important to wait, for 60 to 90 days, after my parents arrive in the US. That way, it will be justifiable to apply to for my parents GC, as enough time has passed to warrant a change in plans and situation.

IS THIS REALLY THE CASE? OR, IS IT REALLY NOT NECESSARY TO WAIT FOR 60-90 DAYS, AFTER MY PARENTS ARRIVE IN THE US, BEFORE I APPLY FOR MY PARENTS' I-130/I-485 concurrent processing? DOES ANYONE HAVE ANY FIRST HAND EXPERIENCE ON THIS?

From my research on this forum, I heard about arguments on both sides. But if I were in your shoes, I would wait 60-90 days.

The second question is if I do have to wait the 60-90 days, how will this new bill that has come up in the Senate (which redefines parents as not family) affect me. Will it pass before the 60-90 days are over, thus destroying my chances for applying for my parents' GC?

The new bill has a cut-off date of May 1, 2005 for parent GC. There's a pending amendment (from Senator Dodd) to extend it to Jan 1, 2007. No matter what, you'll fall out of line. Sorry, but I'm in the same situation as you...

It is more important that my parents get their GCs, rather than salvage this current trip to the US. Thus, given this situation, is it better that I simply cancel my parents' trip to the US and apply for their GCs immediately, using the CP route in India?

Gratefully awaiting your kind inputs.

Very deslote
-SAL

 

[Sal]

what about waiting for 60 or 90 days after arrival in the US

what do I do now? What if this bill passes while I am waiting for the 60-90 days?

Can you please provide links to the threads which discussed the pros-and-cons of this 60-90 days issue?

Thanks for your advice.

 

[GC_FOR_PARENTS]

To DAWN123

DAWN123,
As per your post below, can you please provide links to it. I am in the same boat as you.

Thanks a lot.

The new bill has a cut-off date of May 1, 2005 for parent GC. There's a pending amendment (from Senator Dodd) to extend it to Jan 1, 2007. No matter what, you'll fall out of line. Sorry, but I'm in the same situation as you...

 

[GC_FOR_PARENTS]

New Bill

I did some browsing. I think the YR 2005 cutoff you mentioned is for siblings
who are waiting for their date to become current. For parents they are proposing a limit (4000) per year instead of unlimited.

Please correct me if I am wrong.

 

[cscgc]

I did some browsing. I think the YR 2005 cutoff you mentioned is for siblings
who are waiting for their date to become current. For parents they are proposing a limit (4000) per year instead of unlimited.

Please correct me if I am wrong.

It is 40,000 a year for parents Green card. But that is across all the countries, how did u arrive upon 4,000 is there a per country limit?

 

[wistar]

I just received a letter from NVC saying that I missed a couple of IRS documents. One is Schedules for Tax year 2005. What is schedules? Another is "Federal income tax returns, literal printouts from IRS(RTFTP) or a letter 1722 issued by IRS". I sent NVC the printout from the TAXCUT software which I used to e-file my tax return. Do I have to ask IRS to send me an official copy? Does anybody know where I can get the literal printouts from IRS?

Thank you very much and greatly appreciate your help.

 

[nohope_for_lc]

What is 221 (g) additional processing mean?

My parents went for their immigration visa interview and they have refused to receive the visa for 221(g). It says Additional Processing needed. What is this mean? What do they do for additional processing and how long it takes? Embasy didn't tell my parents.

 

[Dawn123]

About the new bill, my understanding about the cut-off date 5/1/2005 is: for parents who applied after that date and are still pending, they will be subject to 40,000 annual limit; siblings who applied after that date will simply be dis-qualified.

 

[rk9465]

how long do you think the new bill will take to enact?

also, so do u think it is pointless to apply for siblings? or should we just apply anyway and hope that the cut off date will change and take our chances?

 

[js_NYC]

I just received a letter from NVC saying that I missed a couple of IRS documents. One is Schedules for Tax year 2005. What is schedules? Another is "Federal income tax returns, literal printouts from IRS(RTFTP) or a letter 1722 issued by IRS". I sent NVC the printout from the TAXCUT software which I used to e-file my tax return. Do I have to ask IRS to send me an official copy? Does anybody know where I can get the literal printouts from IRS?

Thank you very much and greatly appreciate your help.

I have not personally reached this stage of the application, but I believe they are looking for Transcripts of Tax Returns, which can be obtained by completing form 4506-T (can be found on irs.gov website).

 

[js_NYC]

About the new bill, my understanding about the cut-off date 5/1/2005 is: for parents who applied after that date and are still pending, they will be subject to 40,000 annual limit; siblings who applied after that date will simply be dis-qualified.

Can you provide a link where the cut off date is discussed? I doubt that 5/1/05 can be the cut off date, since there should not be any application pending that are that old....

 

[wistar]

IRS tax return

I just received a letter from NVC saying that I missed a couple of IRS documents. One is Schedules for Tax year 2005. What is schedules? Another is "Federal income tax returns, literal printouts from IRS(RTFTP) or a letter 1722 issued by IRS". I sent NVC the printout from the TAXCUT software which I used to e-file my tax return. Do I have to ask IRS to send me an official copy? Does anybody know where I can get the literal printouts from IRS?

Thank you very much and greatly appreciate your help.

I called NVC. They told me that the electronic filing version is not acceptable. I printed out my tax return from TAXCUT. I am sure somebody here used TAXCUT software. Which tax return copy did you send to NVC? Do I have to get it from IRS?

Thanks.

 

[cscgc]

Vote Today in Senate for Immigration Bill

Looks like there is a last minute vote in the Senate today for the Immigration Bill. Experts say it is likely to scrape through with negative impact on Family based immigration including the annual parent's cap.

Hopefully, the family based provisions do not make in the final bill(after reconciling with the house version) that will become law.

 

[hnjjz]

RFE for both parents!

I filed 130/485 applications for my dad at the end of Feb and for my mom at the beginning of March. They had fingerprinting and their cases were pending at the CSC. Things seem to be going well...

Then last week I received RFE for my dad, saying that his medical exam form is not original. This week I received RFE for my mom, requesting I-864A and proof of assets (we used joint accounts of me and my spouse).

I did their forms together so their applications are almost identical, while the two RFEs are for completely different issues. I wonder if this is normal, since their cases are probably processed by two different persons. Or is USCIS becoming more picky? Should I just send in what they ask for without asking questions? Most importantly, how would this delay their cases? We are moving to a different state in July, and I was really hoping that they would get their GC before we move...

Thanks a lot for any input!