AOS vs. CP -- Spouse vs. Parents

J

jenimmi

Registered Users (C)
Is the AOS timeline thread on this forum for Spouses only or does it include the time line for parents AOS too?

Does USCIS have different processing time (for I-485 or CP) for spouses as opposed to Parents, when the sponsor is a USC? In other words, does this get done quicker if the beneficiary is a spouse than a parent?

Has anyone in the past year sponsored their PARENTS thro AOS or Consular Processing? Can you PLEASE post the time frame how long it took for approval in either case? Even if AOS or CP is still in process, can you please post your parents time line?

Please provide your input. Thanks.
 
Any one else sponsoring their Parents?

Thanks for your input, 'needurhelp'. Which DO will they go for their FP?

Is there really no one else who is sponsoring their parent either through AOS / CP, besides the two of us (?!!!!)

Simidude, Pinto, tobecitizen - Please post your parents' timeline...
 
Thanks for all the information in these forums. It has been very helpful.

I am going to apply for my parents’ GC soon. I live in Northern Virginia. My DO will be Washington DC/Fairfax, VA.

I have some questions for needurhelp and others who have already applied for their parents.

1. Do you have file separate I-864 (affidavit of support) for both parents? In that case, do you still mention the other spouse in each affidavit Part 3 “list any spouse and/or children immigrating with the immigrant”?
2. In I-864 Part 4 B.2, “Number of immigrants being sponsored in this affidavit”, do you count 2 for both parents on only 1 on each affidavit?
3. Do parents have to take all the vaccinations (that were required of us for our GC) following medical exam when no prior vaccination records are available? Or do they have to take fewer based on age?

Thanks in advance for your replies.
 
visaapplicant said:
Thanks for all the information in these forums. It has been very helpful.

I am going to apply for my parents’ GC soon. I live in Northern Virginia. My DO will be Washington DC/Fairfax, VA.

I have some questions for needurhelp and others who have already applied for their parents..
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visaapplicant said:
1. Do you have file separate I-864 (affidavit of support) for both parents? In that case, do you still mention the other spouse in each affidavit Part 3 “list any spouse and/or children immigrating with the immigrant”?
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IF you are applying under AOS, you'll be filling the form I-864. If it's CP then you have to wait until your I-130 is approved and you will receive further notices/docs/forms from National Visa Center. Either way, at least in my case, I did not mention anyone else since Parents come under IR category and and both parents require their own application.
visaapplicant said:
2. In I-864 Part 4 B.2, “Number of immigrants being sponsored in this affidavit”, do you count 2 for both parents on only 1 on each affidavit?.
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As mentioned earlier, both parents have their own application packet, hence I mentioned only ONE.
visaapplicant said:
3. Do parents have to take all the vaccinations (that were required of us for our GC) following medical exam when no prior vaccination records are available? Or do they have to take fewer based on age?.
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My parents got vaccinations, but donno whether it was the whole package. Doctor's Office will know more about this, you don't have to worry about its details.
visaapplicant said:
Thanks in advance for your replies.
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Needurhelp, thanks for the reply and info.

Just curious, when fillable forms are not available from USCIS, do you fill out forms by hand or type them? Is there anyway to generate fillable forms for I-130, I-131, I-864? Thanks.
 
VisaApplicant - You can find info on Fillable forms here :
http://www.immigrationportal.com/showthread.php?t=195431

Re: Vaccinations - My Mom is over 50 and she was exempt from getting vaccinations. When she went for her Medical quite recently, she was given a flu shot and a Tetanus shot. The doctor actually noted that a "Blanket waiver" applies to her, based on her age. So, no MMR & other shots.
Besides that, just the TB test & Blood work for other tests.

I have the same question about filing for Parents (CP) when they are actually in the U.S. - Is it legal / allowed ? If you find any answer please post.
 
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visaapplicant said:
Needurhelp, thanks for the reply and info.

Just curious, when fillable forms are not available from USCIS, do you fill out forms by hand or type them? Is there anyway to generate fillable forms for I-130, I-131, I-864? Thanks.
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I used Adobe Acrobat, so I customized the forms.

Jenimmi,

You can apply for your father's LPR via CP even though he's here. If you were thinking about your mum, replace the gender :) and read accordingly.
 
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needurhelp said:
Jenimmi,

You can apply for your father's LPR via CP even though he's here. If you were thinking about your mum, replace the gender :) and read accordingly.
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Thanks, NYH.

I will soon be applying at Chicago LB. Since your case is from Atlanta, and my mom's case from NJ, is both our service center, VSC? Is this the timeline we should be following?

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

As per this link, they are processing I-130 for Parents with RD 10/22/05? That sounds too good to be true! Is this the SC for us in this region, even though we applied at chicago LB?

You said you were looking at processing time some where for your parents, can you tell me which service center / DO?

By any chance, do you also know where to look for Processing date/time for Parents app thro CP? Thanks.
 
jenimmi said:
Thanks, NYH.
I will soon be applying at Chicago LB. Since your case is from Atlanta, and my mom's case from NJ, is both our service center, VSC? Is this the timeline we should be following?
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Mine is TSC - Atlanta DO but yours is VSC
VSC - I-130

Newark, NJ DO - I-485

NBC - I-765, I-131

jenimmi said:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
As per this link, they are processing I-130 for Parents with RD 10/22/05? That sounds too good to be true! Is this the SC for us in this region, even though we applied at chicago LB?
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It's hard to believe, but I heard that VSC has always been faster when compared to other Service Centers.

jenimmi said:
By any chance, do you also know where to look for Processing date/time for Parents app thro CP? Thanks.
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I do not know much as I haven't researched much about this option.
As far as I know, after I-130 approval, it should take between 3 to 4 months for the process completion at the Consulate.
VSC - I-130
NVC - for the follow up documentation

Chennai IV (assuming) - VISA Stamp


No proven science hence these are all my assumptions. We'll wait and see if any expert has any info contrary to our assumtpions.
 
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Thanks, Jenimmi for the link to fillable forms.

Regarding filing I-130 (for CP) while parents are in US on visitor visa: When I talked to a lawyer a while ago, it did not seem like it was a problem. Although I did not specifically ask for it. The questions is whether we shouldwait for a couple of months after their arrival in US on visitor's visa before starting CP (I-130) or can we initiate CP (I-130) at any time?

I have not seen any specific timeline for CP other than first step (I-130). Although in Consular Processing forum, people have posted their experiences and timelines.

The complete process is explained at
http://www.immihelp.com/gc/consular/

There are 2 fee bills generated during the process. It seems that these are generated within a month of completion of previous step at NVC. The unknowns are how long does it take NVC to transfer files to appropriate consulate and how long does the consulate take to schedule an interview. On Bombay Consulate's website they provide general information but not timeline.

Just a guesstimate, about 12-14 months is reasonable time from start (I-130 filing) to finish (interview at consulate).
 
NYH and VA - Thanks for the links and the input. All of today I didn't do any work, except research on the timeline and processing dates. The bottom line is AOS processing seems to be somewhat quicker than CP. This is just my findings. If any one else differs, I would appreciate if they post.

AOS - 8 to 12 months depending on your DO
And CP - I think your guesstimate is about right. :eek: :( :eek:
visaapplicant said:
Just a guesstimate, about 12-14 months is reasonable time from start (I-130 filing) to finish (interview at consulate).
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Ok, VisaApplicant - Is this what you plan to do?
You are planning to file for your parents here, and eventually CP? In that case, is this what happens ? :

* If they are here already, you file just I-130 and nothing else.
* It gets approved and Service center sends it to NVC.
* At NVC, even though ImmRelatives category is current, it seems to take 4 months for them.
* And you are the "Agent" - so you get all the fee bills and other forms that the petitioner needs to fill - Which does not necessitate your parents to be in their country, to receive any thing at their address.

By the time, all this gets done, it is already about 6 months, so if your parents only got 6 months stamp on I-94, they are getting ready to leave... So, they go back to their country, just in time to receive any notice that is directly sent to them to their address by the Consulate. This seems like a good idea, so you can even avoid the I-131 (AP) that AOS people file for the just-in-case-emergencies. B'cos they are still on visitor visa, they are free to leave in case of an emergency without AP - Am I assuming right?

I see that this option will work if the service center and NVC are processing things at the same speed they are doing now. It will only be a problem, if they start processing things very quickly - like a Consulate interview for your parents within 2 or 3 months of filing I-130 here (which makes me giddy even when I'm imagining it) :D

And your question is, how long should you wait before you file I-130, since your parents arrived in the U.S.
My guess is - since you are NOT applying AOS for them, you can do it after a month of their arrival in the U.S. Previously I read in a thread, if you are going to file I-130, I-485 etc., when parents came on a non-immigrant visa - then it might be a problem as it indicates that they came here with an intent to immigrate, as their Adj status. And so it is safe to wait at least 90 days before filing I-130, I-485 package. But then again, it's the petitioner's discretion, it's not a written rule.

But, your case is different as it doesn't have any AOS. So, you probably are not bound by that 90 days thing. Again, this 90 days I just read about it here and that's no official USCIS rule. If I were you, I would just wait 1 month and then file I-130.

OR Did I completely misunderstand your question - VisaApp ?

May be, NYH can tell us how long he/she waited after parents arrived into U.S when filing the I-130/485 package. :)
If you two don't mind sharing, where will your parents be going for their CP?
 
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Jenimmi, you got it right.

I have also heard that 90 day waiting period is advisable (not a rule) before filing for I-130/I-485 package (AOS). I agree with you that it is probably better to wait 60-90 days before filing I-130 (CP) after they arrive in USA.

A couple of additional things to consider when filing I-130 (CP) while parents are in US
- Per immihelp.com, initially NVC will send I-864 processing fee bill ($70) to petitioner and an Agent of Choice and Address form (DS-3032) to the applicant. Where will this DS-3032 form go? To India, parents' (applicants' pemanent address)? Do we have to send the same physical form back to NVC? Or parents can fill out a blank DS-3032 here (in USA) assigning me as agent?
- On page 1 of I-130 (Part C.2) form it asks for address of applicant. Does NVC use that field to send form DS-3032? Should we put parents USA address to receive DS-3032 here while they are in US? Or does NVC use applicant's address abroad on page 2 Part C.19 to send DS-3032?

I am still trying to decide between AOS and CP. If we do CP, my parents will go to Bombay consulate for interview.
 
jenimmi said:
I still am in the same dilemma, AOS or CP. I think CP should take from 10 to 12 months, if in India.
In VSC, it takes about 2 months to approve I-130 ---------- 2 mths
NVC to process it and send it to Consulate, ---------------- 5 mths
Parents get packet 3 (or something like that) & respond ---- 1 mth
Interview at Consualte within a couple of months ---------- 2 mths

So, totally that's about 10 months.



Hmmm.. now that you mentioned it, I think I would have the same questions, when writing up this form. See if these posts from 'Pinto19' in this other thread helps you on this issue.

http://www.immigrationportal.com/showthread.php?p=1320102#post1320102
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hi.. how did you come up the timeline break down?
i do not know if i should apply my wife after we get married in oversea using CP I-130 or I-130 in US.
 
ocworker said:
hi.. how did you come up the timeline break down?
i do not know if i should apply my wife after we get married in oversea using CP I-130 or I-130 in US.
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In case you are planning to file I-130 in the U.S - This is how arrived at the break-down:

SC in my case is VSC - I saw that they are processing RD's of late Oct'05. So, that's 2 months.

From various sites, I gathered that if all forms and fees are filed with NVC as and when they send the forms, they send it to the Consulate between 4 - 6 months.

And then the process begins at the Local Consulate/ embassy. It takes about 2 to 3 months here before Immigration visa stamping.

This is just based on my limited research. But I've heard from a lot of sources that DCF (Direct Consular filing) is the best and quickest option, if that country's consulate allows that and if you can afford to stay 60 + days in that country for filing. Once DCF process starts, it takes only a couple of months for approval. Try to do a search on DCF and her Country's name and see if you find any information in the Consular Processing forum of this site.
 
jenimmi said:
In case you are planning to file I-130 in the U.S - This is how arrived at the break-down:

SC in my case is VSC - I saw that they are processing RD's of late Oct'05. So, that's 2 months.

From various sites, I gathered that if all forms and fees are filed with NVC as and when they send the forms, they send it to the Consulate between 4 - 6 months.

And then the process begins at the Local Consulate/ embassy. It takes about 2 to 3 months here before Immigration visa stamping.

This is just based on my limited research. But I've heard from a lot of sources that DCF (Direct Consular filing) is the best and quickest option, if that country's consulate allows that and if you can afford to stay 60 + days in that country for filing. Once DCF process starts, it takes only a couple of months for approval. Try to do a search on DCF and her Country's name and see if you find any information in the Consular Processing forum of this site.
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thanks for the timeline breakdown.

I checked the consulate in her country. they told me that I could filie the petition for her after we get married in her country, and I do not need to stay / live in her country for certain days / amount of time prior I could file the petition.
 
by the way, if i go thru DCF, how would I check the status on the petition? also, do i need to have a lawyer in US to file a DCF ?
 
ocworker said:
by the way, if i go thru DCF, how would I check the status on the petition? also, do i need to have a lawyer in US to file a DCF ?
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I'm not sure how one would check status if it's DCF.

DCF is when petitioner files directly with the Consulate in the country where the beneficiary resides. Why would you need to have a lawyer in US? AFAIK, this process is entirely with the Consulate abroad and nothing needs to be done in the US. This is my understanding.
If any one differs, please comment.
 
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